"Internet celebrity" anchors are familiar with the live sales of goods. But recently, it seems that Internet celebrities sell fake goods frequently. First, Weiya sells counterfeit Supreme and domestic brand Guzi GUZI, and then there is a "Du Sao" couple who "noo Sao" who "first in the overall sales list of Kuaishou" live selling counterfeit ' Duowei " and other brand mobile phones, as well as Simba sells fake bird's nest, "Zhou Jinsheng Jewelry Guo Dongyuan Store" and "Hong Kong Zhou Jinsheng-Xiaomei" sells fake diamond jewelry, Luo Yonghao live selling fake "Pirkatan" brand cardigan sweaters...
In August 2020, an Internet celebrity anchor was arrested by the police on the spot in selling fake goods in the live broadcast room. Recently, the case was sentenced!
The Yangpu District Court of Shanghai made a first-instance judgment: the live broadcast team, including Liao, Lin, Jin, Hu, Zhao, and Wang, were sentenced to fixed-term imprisonment ranging from two years to three years and four months, and fined ranging from RMB 5,000 to RMB 400,000 for the crime of selling counterfeit registered trademarks. Among them, the defendant Liao was sentenced to three years and four months in prison and a fine of RMB 400,000; the defendants Hu, Zhao and Wang were sentenced to fixed-term imprisonment ranging from two years to six months, with a fine of RMB 5,000 to RMB 20,000, and probation was applied.
Tens of thousands of fans are watching the live broadcast
"Internet celebrity" female anchor was suddenly taken away by the police
According to @官网新彩海-Shanghai previously reported that in August 2020, the Hongkou Branch of the Shanghai Public Security Bureau cracked the first case of Shanghai selling counterfeit registered trademark products using the form of "Internet celebrity anchor live broadcast and goods", and arrested more than 50 criminal suspects such as Liao and others who were selling goods live. 41 of them have been approved for arrest in accordance with the law. At the same time, five fake sales criminal gangs were arrested in many places in Zhejiang, eight dens were investigated and dealt with, and more than 3,000 pieces of various goods such as luggage, clothing, etc. that were counterfeited by multiple luxury brands were seized on the spot, and the amount involved was verified was more than 5 million yuan.
Picture source: Weibo
In June 2020, the police in Hongkou, Shanghai received a report that a "Internet celebrity" anchor sold clothing that faked the company's brand in the live broadcast room of an e-commerce platform. After preliminary investigation, the police determined that the "Internet celebrity" anchor was Liao. The police followed the live broadcast room of the "Internet celebrity" anchor and found that he was suspected of selling fake products. According to the police officer in charge of the case, these products have the exclusive design and pattern logo of certain luxury goods, but during the live broadcast, Liao would not mention the brand names of these products, but instead introduced them with the code names of some luxury brands or styles that are extremely directed. During display, the product trademark will be pasted with tape, and the product link pictures will be treated accordingly. The price of these products is dozens or even one percent of the price in genuine stores, which is obviously fake products with luxury labels.
During the investigation, the police also found that in order to evade supervision and investigation, after the live broadcast, Liao's live broadcast team will delete all purchase links involving fake products, watch back videos, etc. During the two-month investigation, the police have recorded all of its live broadcast activities suspected of selling counterfeit goods.
On the afternoon of August 28, 2020, Liao frequently tried on various women's clothing products in the live broadcast room of a clothing company in Hangzhou. Tens of thousands of fans were watching the live broadcast through the Internet. However, what surprised fans was that Liao was trying on the product one second ago, but the next second, a group of plainclothes police officers walked into the camera, and the live broadcast came to an abrupt end.
At the same time, the police arrested 5 fake-selling criminal gangs in many places in Zhejiang, investigated and dealt with 8 dens, and seized more than 3,000 pieces of various goods such as luggage, clothing, etc. that impersonate multiple luxury brands.
"Internet celebrity" anchor average sales exceed 7 digits
Sales of fake sales per year have exceeded 10 million
After being arrested, Liao confessed that she signed a contract with a broker in 2017 to become a live streaming anchor. Due to his professional experience as a graphic model, Liao has accumulated millions of fans in just three years with his unique live broadcast style and dressing skills, becoming a "head anchor". According to statistics, Liao's average number of viewers in the live broadcast room is more than 200,000, and his average sales exceeds 7 digits. Therefore, she has become the target that many businesses want to cooperate with. Liao earned over 10 million yuan a year by selling fake products.
According to the police, as an anchor, Liao is a disseminator in the counterfeiting process, and the actual source of goods is provided by illegal merchants. Police investigation found that among the hundreds of merchants who cooperated with Liao, nearly 30 were suspected of selling counterfeit luxury goods. The counterfeiter will pay a high appearance fee to ask Liao to bring goods, and then give Liao's team a commission based on the sales volume. Liao does not care whether the goods he brought are true or false. After being arrested, Liao cried and admitted his mistake: "When displaying the products, most merchants will tear off the logo and then we wear it on them to display it. I mainly guide fans through matching. We are really too weak in legal awareness, and I sincerely admit it."
Shanghai Hongkou District Procuratorate accused: The defendant Liao and his team sold counterfeit clothing, accessories, watches and other products of brands such as Dior, CHANEL, LOEWE through live broadcast on e-commerce live broadcast platforms, with sales amounts of nearly 700,000 yuan. The defendant Liao and her five team members violated the national trademark management regulations and sold goods that were known to be counterfeit registered trademarks, with a huge amount of sales. Their behaviors violated Article 214 of the Criminal Law . They should be held criminally responsible for the crime of selling counterfeit registered trademarks.
Recently, the Yangpu District Court of Shanghai pronounced a verdict on the live broadcast of Liao and others in court. The defendant Liao was sentenced to three years and four months in prison and a fine of RMB 400,000.
Netizens also discussed this hotly, and one netizen said that the verdict was very good and very warning!
Internet celebrity live streaming with fake goods
can be sentenced to up to ten years in prison
As live streaming brings goods becomes more and more popular, but fake goods incidents are emerging one after another, and even some well-known Internet celebrity anchors are not spared.
For example, in November 2020, Luo Yonghao announced on his personal official account that the "Pilcardan" brand sweaters sold in his live broadcast room were fake. In his statement, he said that the counterfeiting was due to the supplier's suspected counterfeiting documents and counterfeiting products, and he paid three times the compensation to consumers.
, and what made the public really start to pay full attention to the selling of fake products from Internet celebrity anchors is the "Simba Bird's Nest" incident. In December 2020, the Guangzhou market supervision department announced the investigation and handling of "Simba Live Streaming Bird's Nest": Simba was fined 900,000 yuan, and the market supervision department plans to impose an administrative penalty of to "stop illegal acts and fine 2 million yuan" on the bird's nest brand Guangzhou Rongyu Trading Co., Ltd.
The behavior of online anchors selling fake goods during live broadcasts has become a "stubborn disease" that consumers hate.
Some official regulatory measures are being introduced for live broadcasts of fake goods. For example, in June 2020, the "H Online Live Marketing Activities Behavioral Code " published by China Advertising Association clearly stipulates that the product and service information released by merchants should be true, scientific and accurate, and should not conduct false propaganda, deceive or mislead consumers. If products and service standards are involved, they should be consistent with relevant national standards and industry group standards to protect consumers' right to know.
On May 21 this year, the "Regulations on Online Live Broadcasting Marketing (Trial)" jointly issued by seven departments including National Internet Information Office, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture and Tourism, the State Administration for Taxation, the State Administration for Market Regulation, and the State Administration for Radio and Television and other seven departments were officially implemented.
Article 214 of the Criminal Law of my country stipulates that if the sale of goods that are known to be counterfeit registered trademarks and the amount of illegal income is large or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than three years and a fine alone; if the amount of illegal income is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than three years and not more than ten years and a fine.
The Internet economy is an integrity economy. Online anchors should operate in good faith in accordance with the law, consciously abide by the " Online Live Marketing Marketing Conduct Code ", not conduct false propaganda or engage in other illegal activities, and effectively fulfill their obligations of authenticity and legality; consumers should also strengthen their own knowledge structure, learn laws and regulations, avoid blindly following consumption, improve their legal literacy, and pay attention to protecting their rights.
