In this case concerning counterfeit Louis Vuitton bags, the defendants were a couple called Lin Yizhong and Wu Beiwen and Zhong Wen was their trading company. The D Shanghai No.1 Intermediate People's Court entered a first-instance judgment against the defendants for trade mark infringement of the LV mark, ordering them to cease infringement and pay Louis Vuitton 500,000 yuan.
The plaintiff filed its case with the court this January, asserting Lin and Wu's distribution of the Louis Vuitton-marked bags since 2000 as confirmed by the Shanghai Police and AIC. The plaintiff sought an injunction and 1 million yuan in damages. The defendants contended that the couple as private persons should not assume the liability in damages of the company as it was legally founded and they were acting on behalf of the company. The court ordered the defendants should be sanctioned either administratively or criminally for their acts of distributing the counterfeit goods. Infringement of the plaintiff's registered trade marks by the three defendants was established.
Where two or more people injure others through joint infringement, each is liable. The court ordered 500,000 yuan in damages and reasonable costs against the defendants.