Infringers pay TWD450,000 for selling counterfeit facial masks

A couple, the man surnamed Zhang and the women, Ho, had been purchasing counterfeit facial masks at the price of TWD120 per box for their resale in Taiwan at the price of TWD150~TWD180 per box for a period beginning from March 2013 to the end of 2013, and these facial masks bore the designation of “Beauty Diary我的美麗日記” and were imported from China.  The couple had sold a total of 3000 boxes of counterfeit facial masks amounting to the value of around TWD450,000.  At the end of 2013 when the couple broke up, the man, Zhang had continued his online sale of the counterfeit facial masks until March 2014.  The foregoing illegal sale activity came to the knowledge of President Pharmaceutical Corp. (“President Pharmaceutical”) and President Pharmaceutical sued the couple and sought damages from them.  The IP Court hearing this case decided that Zhang and Ho should severally and jointly pay to President Pharmaceutical TWD450,000 in damages and Zhang alone should pay TWD135,000 to President Pharmaceutical.  The case is appealable.  

Zhang and Ho alleged they were not aware of the facts that these facial masks were counterfeits imported from China and they had planned to sell them to Chinese customers.  The IP Court, however, negated such allegation on the grounds that Zhang and Ho should have known more about cosmetics products than general customers with respect to their brands and prices due to their experiences in the business relating to cosmetics, and thus it was unreasonable for them to not question the authenticity of these facial masks whose price at TWD120 per box is one time less than the market price, and also that it was unreasonable that they did not request from the online seller for any receipt and proof regarding the source of these facial masks.  (October 2016)  

/CCS