It is illegal to sell fake shoes.
Anyone who uses the same trademark as the registered trademark on the same kind of goods without the permission of the owner of the registered trademark and falls under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of counterfeiting a registered trademark. Also or solely fined:
1. The illegal business amount is more than 50,000 yuan or the illegal income amount is more than 30,000 yuan;
2. Counterfeiting two or more registered trademarks , the illegal business amount is more than 30,000 yuan or the illegal income amount is more than 20,000 yuan;
3. Other serious circumstances.
Whoever falls under any of the following circumstances shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of counterfeiting registered trademarks:
1. The amount of illegal business is less than 25 The amount of illegal business is more than 150,000 yuan or the amount of illegal income is more than 150,000 yuan;
2. Counterfeiting two or more registered trademarks, the amount of illegal business is more than 150,000 yuan or the amount of illegal income is more than 100,000 yuan ;
3. Other particularly serious circumstances.
The amount of compensation for infringement of trademark exclusive rights shall be determined based on the actual losses suffered by the right holder due to the infringement. If the actual loss is difficult to determine, it can be determined based on the benefits obtained by the infringer due to the infringement. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation can be determined to be between one time and three times the amount determined according to the above method. The amount of compensation should include the reasonable expenses paid by the right owner to stop the infringement.
Laws and Regulations
"Criminal Law of the People's Republic of China"
Article 213: The Crime of Counterfeiting a Registered Trademark Without Registering the Trademark Owner License, use the same trademark as the registered trademark on the same kind of goods or services. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. and impose a fine. Article 214: The crime of selling goods with counterfeit registered trademarks. Anyone who knowingly sells goods with counterfeit registered trademarks, and the amount of illegal income is relatively large, or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; If the amount of income is huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.