Is there any illegal gains in trademark infringement cases? ?
It may or may not exist. For trademark infringement, first of all, we must pay attention to the collection of evidence. Because only when there is sufficient evidence, it will be helpful for administrative law enforcement agencies or judicial organs to determine whether a certain act is an infringement as quickly as possible. Therefore, evidence is a prerequisite that affects the handling of cases.
In a trademark infringement case, whether there is any illegal income, the value of the infringing and illegal goods sold afterward shall be calculated based on the actual sales price. The value of manufactured, stored, transported and unsold infringing and illegal goods shall be calculated based on the actual average sales price of the identified infringing and illegal goods. However, if the listed price of unsold infringing and illegal goods is lower than the actual average sales price, the value shall be calculated based on the listed price. .
No illegal business volume does not mean no sales volume. Especially in service trademark infringement, it cannot be determined that there is no illegal business volume just because no one buys the services provided by the perpetrator. . No illegal business amount applies when the perpetrator fails to provide or fails to truthfully and effectively provide information that can be used to verify his illegal business amount, including documents, records, suppliers, etc., and the administrative law enforcement agency is unable to find out his illegal business amount. Condition. It is difficult to grasp the amount of illegal business in law enforcement practice. It should be comprehensively considered in conjunction with other circumstances and applied with caution.
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