Counterfeit Golf Equipment Dealer Sentenced At People’s Court

Tag : equipment bearing

The U.S. Golf Manufacturers Anti-Counterfeiting Working Group (the“U.S. Golf Group”, comprised of Acushnet Company,Callaway Golf, Cleveland Golf, Nike Golf, PING and TaylorMade GolfCompany) reports that the Zhejiang Yongkang Court has now sentenced26 year old defendant, Hou Bo, following a conviction in Februaryfor selling counterfeit golf equipment.
Hou Bo was sentenced to three years and six months in jail and wasordered to pay a fine of RMB 400,000(approx. $58,000). HouBo’s automobile and inventory were confiscated, and thedefendant was ordered to return the approximately $4,360 in illegalprofits made from the sales of the counterfeit merchandise.
The conviction was the culmination of aggressive petitioningefforts by the U. S. Golf Group. An investigation and raid actionwas jointly conducted by the Yongkang Administration for Industryand Commerce (AIC) and Yongkang Municipal Public Security Bureau(PSB) in July, 2007. The raid of the Sporting Goods Shop and HongKong Orient Sporting Goods Co., Ltd. led to a seizure of 1,684pieces of counterfeit golf clubs, 4,764 golf balls and large amountof sales records. The owner, Hou Bo, was arrested by the YongkangPSB and was prosecuted by the Yongkang Prosecutorate in February,2008 for selling counterfeit merchandise.
The criminal trial was conducted before a panel of three judges.The Yongkang Court determined the case value at RMB 1,616,500(approx. $ 212,488), based on Hou Bu’s sales records and thecounterfeit golf products seized during the raid.
The Court found that during the period from March 2007 to July2007, Hou Bu, conducted his main operation from a building locatedat No.301 South Zi Wei Road, Yongkang City. The defendant purchasedcounterfeit golf clubs bearing logos and trademarks owned by theU.S. Golf Group member companies and resold the fake goods to thecustomers in the United States, United Kingdom, Canada and othercountries through online promotion and mail delivery. Salesamounted to $ 153,436.00 (RMB 1,167,270).
According to the PRC Judicial Interpretation on IP Crime (issued in2004) and Article 214 of PRC Criminal Code, any sales ofcounterfeit goods amounting to more than RMB 250,000 is deemed“very large” and the defendant should be sentenced to afixed prison term of not less than three years and not more thanseven years, plus a monetary fine. The Yongkang Court took intoaccount Hou Bo’s cooperation with the police during aninvestigation and his expression of remorse.
The appeal period has expired, and the defendant is nowincarcerated. The term of imprisonment started on July 14, 2007 andwill end on January 13, 2011.
The U.S. Golf Manufacturers Anti-Counterfeiting Working Groupconsists of the world’s leading golf equipment manufacturers,and its purpose is to petition governmental agencies to enforceanti-counterfeiting laws. Its members and brands include AcushnetCompany - Titleist, FootJoy and Cobra Golf; Callaway Golf -Odyssey, Top-Flite and Ben Hogan; Cleveland Golf-Never Compromise;Nike Golf; PING; and TaylorMade-adidas Golf.