Counterfeit "Dior" service trademark, sentenced to three and a half years in prison and fined 1.6 million yuan
2025-10-29 | 发布于:赛立信
The high priced children's' Dior 'show is a complete trademark scam! Recently, the Third Intermediate People's Court of Shanghai made a final ruling on a case of counterfeiting the' Dior 'service trademark, sentencing the main offender Huang to three years and six months in prison and a fine of 1.6 million yuan for the crime of counterfeiting registered trademarks; Wang, an accomplice, was sentenced to one year in prison, suspended for one year, and fined 50000 yuan. The first instance verdict was upheld.
This case not only exposed a money making scam disguised as a children's fashion show, but also attracted attention for clearly defining the criminal infringement boundary of service trademarks.
After investigation by the court, it was found that since 2020, Huang, together with Wang and others, organized so-called "Dior" children's fashion performances in multiple cities across the country without any permission from the "Dior" trademark owner, using their controlled companies as cover, and collected high registration fees for them. This constitutes direct counterfeiting and theft of the registered trademark of "Dior" in Class 41 "Organizing and Arranging Fashion Shows" services.
Not only that, in order to enhance the deception of their activities, the gang also committed dual trademark infringement: they not only stole the "Dior" service trademark to package their activities, but also purchased counterfeit clothing from informal channels and sewed fake "Dior" collar and wash labels on them, "packaging" ordinary clothing into branded clothing for runway shows. This behavior also constitutes counterfeiting of the "Dior" product trademark, creating a vicious situation of both service and product infringement.
In court, Huang argued that his activities were different from the service category registered by Dior.
However, the final ruling of Shanghai Third Intermediate People's Court completely refuted this claim, clearly stating that the service trademark "organizing and arranging fashion performances" registered by the right holder is legal and valid, and the defendant used the same trademark on the same service without permission, which is particularly serious and fully meets the constitutive elements of the crime of counterfeiting registered trademarks.
A new milestone in the criminal protection of service trademarks
The verdict of this case is an important judicial practice since the 2021 Amendment (XI) to the Criminal Law officially included service trademarks in criminal protection. This amendment increases the maximum sentence for such crimes to ten years, significantly increasing the severity of punishment. The latest judicial interpretation released by the "Two Highs" in 2025 provides a clearer standard for the trial of such cases.
This case clearly demonstrates that the theft of service trademarks is no longer a 'borderline' issue, but a clear criminal offense. The court's ruling sends a clear signal that the protection of intellectual property rights by law is comprehensive and equal, whether it is commodity trademarks or service trademarks, whether it is domestic or international brands, they will be strictly protected by law.