On 26 December, the representatives of Police Department for Investigation of Crimes Related to Economic Management Order and to Positions, inspectorate from Ministry of Science and Technology proceeded with removing infringing elements on a series of multi-functional mills bearing counterfeit mark “Magic Bullet”.
According to the Inspectorate from Ministry of Science and Technology, Homeland Housewares Company, LLC (U.S.A) is the sole rights holder of the trademark “Magic Bullet” under a trademark registration certificate No. 1113380 granted on 15 October 2008.
However, recently, a large number of counterfeit products bearing the mark “Magic Bullet” have been found on the market at the price of 1.2 million Vietnamese dong/piece, less than 700,000 VND as compared with the genuine products. In fact, these cheap products have been imported from China and the interbranch bodies confirmed that one of the ingenuine products distributors is Tri Phuc Company Limited located in Co Giang Ward, District 1, Ho Chi Minh City.
To deal with these negative business activities, the interbranch bodies carried out checking various “floating” stores in Ho Chi Minh City. As a result, the competent authority made Minutes and confiscated 176 counterfeit products bearing the mark “Magic Bullet” at Tri Phuc Company Ltd; 99 counterfeit ones at Cao Phong Supermarket located in Ward 11, District 5….
The functional forces have found that besides selling counterfeit products, Tri Phuc Company Limited signed a sales contract with other enterprise with the amount up to 2,000 “counterfeit” multi-functional mills in order that this enterprise would then continue to distribute to other agencies.
In the box of counterfeit products that were confiscated, the competent authority also found that many guide books of “Magic Bullet” which are the same as the genuine ones. According to the decision of the Control Team, this Action breached Clause 5 Article 13 of Decree 106/ND-CP on penalties for administrative violations in the field of intellectual property.
Besides removing the infringing elements out of confiscated products, the Inspectorate from Ministry of Science and Technology made a decision on administrative punishment of more than 69 million VN dong to Tri Phuc Company Limited for keeping for selling parts of counterfeit “Magic Bullet & Devices” multi-functional mills; administrative punishment of 10 million VN dong to Cao Phong Company Limited for selling multi-functional mills attaching infringing sign upon “Magic Bullet & Devices” trademark on the mean of service.
