The punishment imposed by the industrial and commercial department is an administrative penalty, and the winery’s prosecution in court is a civil act, and the two have no influence on each other.

After the act of selling counterfeit wine is administratively punished by the industrial and commercial department, the infringed manufacturer can prosecute the counterfeit seller in accordance with the relevant provisions of the Trademark Law.

The specific legal basis is as follows:

Article 60 of the Trademark Law stipulates that “one of the acts that infringes upon the exclusive right to use a registered trademark as listed in Article 57 of this Law shall If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.

During processing, if the infringement is determined to be established, the infringement shall be ordered to immediately stop the infringement, and the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks shall be confiscated and destroyed, and the illegal business turnover shall be more than 50,000 yuan. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. The penalty shall be imposed within five years. Those who commit more than two trademark infringements or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of registered trademarks, you can prove that you obtained the goods legally and indicate the supplier. The industrial and commercial administrative department shall order the suspension of sales.

For disputes over the amount of compensation for infringement of trademark rights, the parties may request mediation by the industrial and commercial administrative department

or may proceed in accordance with the law. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the "People's Republic of China Civil Procedure Law". ***The Civil Procedure Law of the People's Republic of China was filed in the People's Court."