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Fined 260,000 for selling infringing toys! Typical cases involving children's toys have been announced in many places across the country
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- Origin:Chinese and foreign toy network
- Time of issue:2022-06-29 09:22
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(Summary description)In accordance with the unified deployment of the State Administration for Market Regulation, the "iron fist" action to investigate and handle cases in the field of people's livelihood in 2022 will be carried out in depth across the country.
Fined 260,000 for selling infringing toys! Typical cases involving children's toys have been announced in many places across the country
(Summary description)In accordance with the unified deployment of the State Administration for Market Regulation, the "iron fist" action to investigate and handle cases in the field of people's livelihood in 2022 will be carried out in depth across the country.
- Categories:Industry news
- Author:
- Origin:Chinese and foreign toy network
- Time of issue:2022-06-29 09:22
- Views:0
Information
In accordance with the unified deployment of the State Administration for Market Regulation, the "iron fist" action to investigate and handle cases in the field of people's livelihood in 2022 will be carried out in depth across the country. Recently, typical cases of the " Iron Fist" operation have been announced in many places, many of which involve children's toys. Following the release of Shanghai and Jiangsu yesterday, Sino-foreign toy.com continues to sort out relevant cases in Beijing, Guangdong, Tianjin, Jilin, Chongqing, Anhui, Zhejiang, Jiangxi, Ningxia, Hainan and other places today, hoping to arouse the attention of toy manufacturers and operators.
Beijing
▌ 50,000 fine for selling toys without 3C certification
On January 7, 2022, the Shijingshan District Market Supervision Bureau received a report, reflecting that the rat-killing pioneer toys sold by the parties were suspected of not having 3C certification. Law enforcement officers conducted on-site inspections and inquiries to verify that the toy product “Large Butterfly”, the rodent eradication pioneer involved in the case, was made of silicone, which falls within the scope of compulsory product certification.
The above-mentioned behavior of the parties violated Articles 27 and 66 of the "Regulations on Certification and Accreditation of the People's Republic of China (2020)", and the Shijingshan Market Supervision Bureau fined them 50,000 yuan and confiscated 837.34 yuan of illegal income according to to law. administrative penalties.
▌A fine of 80,000 yuan for unqualified doll machine toys
On December 28, 2021, the Fangshan District Market Supervision Bureau found during law enforcement inspections that two sounds in the "Mengduoxing" doll machine operated by Aeon Fantasy (China) Children's Amusement Co., Ltd. Beijing Fangshan Changyang Street Store for grabbing. Light toys do not have Chinese logos. After investigation, the above two toys have not obtained compulsory product certification, and the behavior of the parties constitutes an illegal act of using uncertified toys in business activities. A total of 72 toys are involved in the purchase.
On April 1, 2022, the Beijing Fangshan District Market Supervision Bureau imposed a fine of 80,000 yuan and confiscation of illegal gains against Aeon Fantasy (China) Children's Amusement Co., Ltd. Beijing Fangshan Changyang Street Store for illegal use of uncertified toys. penalty .
Guangdong
▌ Fined 260,000 for selling infringing Disney toys
According to the report, Guangzhou Baiyun District Market Supervision Bureau inspected the office and warehouse of Guangzhou A Chuang Trading Co., Ltd. and found 3,612 rabbit dolls with Mickey logos in its warehouse. After investigation, the parties have successively purchased 6,257 rabbit dolls with the above logos since March 2021. Until the time of the seizure, the parties sold the above-mentioned dolls and received a total of 48,266 yuan in sales, and the remaining 3,612 rabbit dolls were seized according to law. After calculation, the total illegal The business volume of the parties involved was 108,433.7 yuan.
The registrant of the trademark involved in this case is the famous Disney Corporation. Some criminals make profits by counterfeiting their trademarks or selling children's products with counterfeit trademarks. Similar acts have seriously disrupted the market economic order, damaged the legitimate rights and interests of the rights holders and the personal interests of the child consumer group. interests, must be severely punished.
On January 4, 2022, the Market Supervision Bureau of Baiyun District, Guangzhou City, in accordance with the relevant provisions of the "Trademark Law of the People's Republic of China", ordered the parties to immediately stop the illegal acts, confiscated the infringing goods and fined 260,000 yuan.
Tianjin
▌10,000 fine for selling infringing children's toys
On March 23, 2022, the Tianjin Binhai New Area Market Supervision Bureau confiscated the infringing goods and imposed a fine of 10,000 yuan on the sales of children's toys infringing the exclusive right to use the registered trademark by the Tianjin Binhai New Area Pengbo Automotive Products Business Department.
On December 28, 2021, the Binhai New Area Market Supervision Bureau inspected the toy area on the second floor of a supermarket according to the report, and seized 245 "Jimcarrey" series toys, which were identified as infringing goods. After investigation, the above -mentioned infringing toys were sold by the Pengbo Auto Supplies Business Department of the Tianjin Binhai New Area, which was leased from the supermarket, and purchased from a wholesale market in Tianjin in four batches, with a value of 17,224 yuan. The behavior of the parties violated the provisions of Article 57, Paragraph 1, Item 3 of the Trademark Law of the People's Republic of China, and the Binhai New Area Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
▌Sell unqualified toys, punished!
On January 27, 2022, the Tianjin Nankai District Market Supervision Bureau confiscated the products involved and imposed an administrative penalty of 3,764.58 yuan on the sales of children's toys that did not meet the national standards by Guangzhou Limi Trading Co., Ltd. Tianjin Branch.
On December 7, 2021, the Nankai District Market Supervision Bureau inspected the Tianjin Branch of Guangzhou Limi Trading Co., Ltd. according to the results of national supervision and random inspection of product quality. After investigation, the mechanical and physical properties of the 20cm sheep and sheep marshmallows (toys) sold by the parties "plastic bags or plastic films purchased in packaging or toys" did not meet the national standards, and a total of 30 unqualified toys were. The value is 1404.36 yuan, and the illegal gains are 955.86 yuan. The behavior of the parties violated the provisions of Article 5 of the "Tianjin Product Quality Supervision Regulations", and the Nankai District Market Supervision Bureau imposed administrative penalties on the parties in accordance with the law.
Jilin
▌Sell unqualified children's toys, fine
Helong City Market Supervision and Administration Bureau found in the supervision and spot check that the "Nini Duck Fun Fake Water" sold by Huawen Erya Stationery and Office Supplies Store was inspected by Shenzhen Yingbai Testing Technology Co., Ltd., and the product did not meet GB6675.1- 2014 and GB/T5296.5-2006 standards, the inspection conclusion is unqualified. The behavior of the parties violated the provisions of Article 39 of the "Product Quality Law of the People's Republic of China". According to Article 50 of the "Product Quality Law of the People's Republic of China", the party was ordered to stop selling substandard toys; confiscated unsold substandard toys, confiscated Illegal gains and fines.
chongqing
▌Fake 1,000 yuan for false "reward sales" of children's toys
On March 17, 2022, the Bishan District Market Supervision and Administration Bureau inspected a sports and industrial household and found that the party purchased children's toys such as "game chess", "silkworm baby blind box" and "colorful water suction pipe" in a wholesale market in Chongqing. For sale, the game chess blind box and silkworm children's toys for sale are marked with "cash surprise 100 yuan scholarship manufacturer payment" and other contents. However, the parties concerned have not paid the relevant "scholarships" or " cash" during the actual external sales, nor can they present the relevant award records or materials.
The parties' behavior of selling lottery toys in the form of false "sales with prizes" violated the "Chongqing Regulations on the Protection of Consumer Rights and Interests". The Bishan District Market Supervision and Administration Bureau ordered the parties to correct their illegal acts immediately and imposed a fine of 1,000 yuan.
Anhui
▌Supermarkets fined for selling toys without 3C certification
On March 28, 2022, Lu'an City Market Supervision Bureau confiscated illegal gains and imposed a fine of 60,000 yuan on the sale of toys and other products without labels and without CCC compulsory product certification in Yu'an District, Lu'an City. Administrative penalties.
On the evening of March 15, 2022, the Lu'an City Market Supervision Bureau and the public security department conducted law enforcement inspections on the left and right supermarkets in Yu'an District based on the clues exposed at the "3.15" party. After investigation, there were 417 pieces of products to be sold in the business premises of the parties, such as water-absorbing bombs, colorful beaded mud, etc., as well as locomotives and high-quality crystal weapons without CCC compulsory product certification. 2,700 yuan.The sales of products without factory name, factory address, etc. by the parties violated the provisions of Article 27, paragraph 1, item 2 of the "Product Quality Law of the People's Republic of China"; the sales of products without CCC compulsory product certification violated the "Chinese According to Article 27 of the Regulations of the People's Republic of China on Certification and Accreditation, the Lu'an Market Supervision Bureau shall impose administrative penalties on him according to law.
▌ Penalty for selling unqualified toy blind boxes
On April 24, 2022, the Ningguo Municipal Market Supervision Bureau conducted an investigation into the illegal toy boxes sold by the Xiong Min Stationery Store with non-compliant product labels and food violations with non-compliant labels, and confiscated the illegal gains and imposed a fine of 0.3 An administrative penalty of RMB 10,000.
On April 12, 2022, the law enforcement officers of Ningguo City Market Supervision Bureau inspected the Xiong Min stationery store in the area and found that there were 4 blind boxes of "Happy Angel Wind Chime Wishing Bottle" and "Hero Tag" in the store , "Laughter on the campus (fruit)". Flavored crystal jelly)" food 1 large box, the large box contains 15 small boxes of food marked "Doubi Candy", "Pretentious Candy" and "Second-Goods Happy Candy". After investigation, the blind toy boxes sold by the parties belonged to the products whose product labels did not meet the provisions of the Product Quality Law, and the food of "Laughter Campus (fruity crystal jelly)" belonged to the food whose labels did not meet the provisions of the Food Safety Law.The above-mentioned acts of the parties violated the relevant provisions of the Product Quality Law of the People's Republic of China and the Food Safety Law of the People's Republic of China respectively, and the Ningguo Market Supervision Bureau imposed administrative penalties on them according to law .
Zhejiang
▌Production of baby crawling mats with fake certification marks
On February 24, 2022, (Ningbo) Cixi City Market Supervision Bureau inspected a Ningbo Technology Co., Ltd. according to the notification letter of Shenzhen Market Supervision Bureau's product quality supervision and random inspection of unqualified products, and found that the party was producing and marked with the "CCC" mark Baby crawling mat. After investigation, the party and a company in Shenzhen signed a "cooperation agreement" to process crawling mats for a company in Shenzhen, but neither the party nor a company in Shenzhen had obtained the "CCC" certification for the product.
Cixi Municipal Market Supervision Bureau imposed an administrative penalty of confiscation of illegal gains of 1,756.89 yuan and a fine of 52,706.72 yuan to the parties in accordance with the law.
▌Selling children's toys without 3C certification
On December 17, 2021, (Ningbo) Ninghai County Market Supervision Bureau found during supervision and inspection that children's toys being sold in a non-staple food supermarket in Ninghai could not provide legal documents such as "CCC" certification.
On January 27, 2022, the Ninghai County Market Supervision Bureau imposed an administrative penalty of confiscation of illegal gains of 149.9 yuan and a fine of 30,000 yuan to the parties in accordance with the law.
▌Selling infringing toys of Xingdailu and Lingna Belle
In March 2021, (Jinhua) Yiwu ** E-Commerce Co., Ltd. purchased Xingdailu toys with the label StellalouAdisnyfriendofDuffy, and put them on Taobao stores for sale. In May 2021, the parties began to purchase the above-mentioned toys from Tianjin ** Sewing Products Factory. In October 2021, the parties purchased Linnabell toys with the label LINABELL from the above-mentioned factories and put them on Taobao stores and Pinduoduo stores. make a sale. On December 29, 2021, the parties were seized by the Jindong District Market Supervision Bureau on the spot, and the value and sales amount of the above-mentioned infringing toys totaled more than 270,000 yuan. Regarding the illegal act of the party infringing the exclusive right to use a registered trademark, in view of the sales amount of this case exceeding 50,000 yuan, according to the provisions of Article 61 of the "Trademark Law of the People's Republic of China", in accordance with the "Supreme People's Procuratorate and the Ministry of Public Security on the Jurisdiction of Public Security Organs". According to the provisions of Article 70 of the "Criminal Case Filing and Prosecution Standards (2)", the parties shall be investigated for their criminal responsibility. "Article 3, it will be transferred to Jindong Public Security Bureau on March 16, 2022.
Jiangxi
Jiangxi
▌ 25,000 fine for selling children's toys without 3C certification
On March 8, 2022, the law enforcement officers of Xinyu Market Supervision Bureau supervised and inspected the children's toys sold by Xingda Toys and found that 5 kinds of children's toys were marked with the "3C" certification mark, but the parties failed to provide the "Mandatory" certification on the spot. Product Certification". After investigation, it was confirmed that none of these five toys had obtained the "Compulsory Product Certification", and the total value of the five toys involved was 291 yuan. The behavior of the parties violated the relevant provisions of the "Regulations of the People's Republic of China on Certification and Accreditation". In view of the small value of the goods in this case, the active cooperation of the parties in the investigation, and the circumstances of mitigating the punishment, on April 21, the Xinyu Market Supervision Bureau imposed an administrative penalty of confiscation of illegal gains of 13 yuan and a fine of 25,000 yuan.
▌Fee 5,000 for fraudulent sales with prizes
On March 16, 2022, the Ganzhou Municipal Market Supervision Bureau conducted an inspection of the operators around the campus and found that Ganzhou Yiyou Stationery Co., Ltd. was suspected of fraudulently selling products with prizes, and filed a case for investigation on March 17.
After investigation, when the parties purchased the products with prizes, they knew that the products had no factory name and factory address, and knew that "on-site redemption and departure is invalid, and more than 5 yuan will be paid by the manufacturer. .." on the product packaging. The content is that the manufacturer and the manufacturer cannot be found. False winning information without cash redemption will still buy 1 version of prize-winning products at the price of 65 yuan per version and 78 yuan per version , and carry out prize-based sales to students in nearby schools at the price of 0.5 yuan per piece. Among them, 125 items of "0.5 yuan × 200 star laser light lucky draw" with prizes have been sold.The parties sold products with prizes in a deceptive manner, which violated the relevant provisions of the Anti-Unfair Competition Law of the People's Republic of China. On May 19, the Ganzhou Municipal Market Supervision Bureau imposed an administrative penalty of 5,000 yuan and an order to stop the fraudulent sales of products with prizes.
Ningxia
▌ Suspected of selling goods infringing the exclusive rights of the Olympic logo
On February 17, 2022, six departments including the Yanchi County Market Supervision Administration, the Culture and Broadcasting Bureau, and the Public Security Bureau jointly carried out a centralized enforcement action for the protection of intellectual property rights of Olympic-related commodities, and found that the Yanchi County Small Jewelry Great Wisdom Jewelry House had not won the Olympic Games. With the authorization of the owner of the logo, it is authorized to sell plush toys and brooches containing the logo of the Beijing 2022 Winter Olympics mascot "Bingdundun".The behavior of the parties violated the relevant provisions of the "Regulations on the Protection of Olympic Symbols". The Yanchi County Market Supervision and Administration Bureau confiscated and destroyed 33 infringing plush toys and 10 brooches, and imposed an administrative penalty of 10,000 yuan.
Hainan
Hainan
▌A fine of 2,700 yuan for the sale of unqualified children's bicycles
The "Jeshi Bear" children's bicycle sold by the Sanya Tianya Cheng Chen Ziwen Toys Co., Ltd. was supervised and sampled, and the "handlebar" item did not meet the requirements of GB 14748-2006, so it was a substandard product. After investigation, the parties purchased 3 children's bicycles, sold 2 bicycles, and left 1 bicycle. The value of the products involved is 1,350 yuan, and the illegal gains are 390 yuan.
The behavior of the parties violated relevant regulations, and the Sanya Comprehensive Administrative Law Enforcement Bureau imposed the following administrative penalties on the parties in accordance with the law: 1. Confiscation of a children's bicycle of unqualified quality; 2. Confiscation of illegal income of 390 yuan; 3. A fine of 2,700 yuan.
▌A fine of 1380 yuan for the sale of unqualified strollers
Brief description of the case: The baby stroller sold by the party, Sanya Tianya Dali Nanguo Baby Maternity and Baby Products Store, has been supervised and sampled, and the items of "dangerous cracks", "dynamic durability test", "safe use method and assembly instructions" are not in compliance with GB 14748- 2006 requirements, as substandard products. After investigation, the parties purchased 3 carts of the above-mentioned batches that failed to pass the random inspection, and sold 2 of them. The value of the product was 690 yuan, and the illegal income was 184 yuan.
Handling decision: Sanya Comprehensive Administrative Law Enforcement Bureau imposed the following administrative penalties on the parties in accordance with the law: 1. Confiscate a child stroller of unqualified quality; 2. Confiscate illegal gains of 184 yuan; 3. fined 1,380 yuan.
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