China’s SAMR Releases New Batch of Typical Administrative Cases Combating Trademark Counterfeiting
Published 15 November 2024
Sarah Xuan
On 26 August 2025, to promote a market environment that respects and protects intellectual property rights, the State Administration for Market Regulation of the People’s Republic of China selected and published 18 typical administrative enforcement cases under the “Brand Protection” initiative concerning trademark violations. Among these, seven cases involved the protection of foreign brands, including “Rolls-Royce” (Typical Case 2), “HERMÈS” (Typical Case 3), “Arc'teryx” (Typical Case 4), “HILTON” (Typical Case 7), “Budweiser” (Typical Case 16), “MENBHUK CMAPBIU” (Typical Case 17), and “Jägermeister” (Typical Case 18). The primary challenge in most cases lay in the collection and fixation of critical evidence, with breakthroughs often achieved through collaboration with local public security authorities. The “HERMÈS” and “Arc'teryx” cases involved amounts reaching RMB 216 million (approximately US$ 30 million) and RMB 300 million approximately US$ 40 million), respectively, with maximum sentences of four years and three years and four months imposed on the defendants. Below is a brief overview of these seven typical cases involving the protection of foreign brands.
Typical Case 2: Infringement of the “Rolls-Royce” Registered Trademark by Wedding Car Rental Companies – This case represents a new type of trademark infringement dispute within the wedding services industry. The actions of the parties involved not only harmed the brand value and market reputation of the “Rolls-Royce” trademark owner but also negatively impacted the integrity system of China’s wedding consumption market.
In August 2023, during an online inspection, officers from the Putuo District MSA in Shanghai discovered a short video featuring a vintage “Rolls-Royce” brand car, a model nearly extinct in China, being used as a wedding vehicle. Subsequent investigation revealed that the vehicle was not an authentic Rolls-Royce but a different brand of car misrepresented as such. The front, body, and wheel hubs of the vehicle in question bore the “Rolls-Royce” trademark, despite having no association with the Rolls-Royce brand. Further investigation identified 15 wedding car rental companies and other entities engaged in wedding services that used such vehicles to provide related nuptial services. The MSA imposed fines totaling over RMB 710,000 (approximately US$ 99,329) on these 15 violators.
Typical Case 3: Lin Mouyang et al. Infringement of “HERMÈS” and Other Registered Trademarks – The success of this case hinged on two critical elements: the implementation of the Interim Measures for Rewarding the Reporting of Major Violations of Laws in the Market Regulation Field [ https://www.gov.cn/gongbao/content/2021/content_5641356.htm ], which enabled the acquisition of case leads through whistleblower incentives, and the reliance on the administrative-criminal linkage mechanism to integrate enforcement resources between the SMA and local public security authority. The SMA utilized the “Cloud-Based” collaboration system to secure electronic evidence, while local public security authority employed technical investigative methods to trace fund flows, enabling a comprehensive investigation into the counterfeit operations and achieving end-to-end enforcement from production to distribution.
In July 2023, the Guangdong Provincial MSA, acting on tip-offs, identified over 10 factories in the Huangbu and Jilong Towns of Huidong County, Huizhou City, suspected of manufacturing and selling counterfeit footwear imitating internationally renowned brands. The Guangdong Provincial MSA immediately initiated a joint investigation with the Provincial Public Security Department. On 10 August 2023, the two agencies coordinated a joint operation, dismantling 27 production sites and apprehending 54 suspects, including Lin Mouyang. The operation seized 21,000 pairs of footwear products counterfeiting registered trademarks such as “HERMÈS”, “CHANEL”, and “DIOR”, along with 63,000 pieces of infringing packaging materials. The total involved amount reached RMB 216 million (approximately US$ 30 million). As the actions of the parties involved constituted suspected criminal offenses, the case was transferred to local judicial authority. Nineteen individuals were sentenced to fixed-term imprisonment ranging from one year and five months to four years, with total fines amounting to RMB 3.8 million (approximately US$ 531,620).
Typical Case 4: Zhan Mou Mou et al. Series of Infringements of the “Arc’teryx” Registered Trademark – The parties in this case organized a counterfeit production and sales network through WeChat, exploiting the platform’s characteristics that complicate investigations to evade enforcement. In response, law enforcement authorities leveraged the administrative-criminal linkage mechanism, collaborating with local public security authority to utilize return-service phone numbers and WeChat IDs in conjunction with the Skynet surveillance project and facial recognition technology. Simultaneously, data from computers and mobile devices were forensically extracted to verify the identities and actual operational addresses of the parties involved. Financial transaction records and logistics data were thoroughly traced, securing critical evidence.
From October 2023 to April 2024, the Sanmen County MSA in Taizhou, Zhejiang Province, acting on consumer complaints, jointly established a task force with local public security authority to dismantle a major counterfeit “Arc’teryx” jackets operation led by Zhan Mou Mou. The parties utilized e-commerce platforms to redirect traffic to WeChat, where they developed agent networks and employed false business and return addresses to avoid detection. They established a production chain structured as “agent order placement—centralized production” and a sales chain operating through “platform introduces traffic—agent recruitment—sales execution”. The illicit network spanned nine provinces: Zhejiang, Sichuan, Fujian, Guangdong, Anhui, Liaoning, Jiangxi, Shandong, and Hebei, covering the entire supply chain from jacket production and trademark embroidery to packaging printing, label manufacturing, and agent-based distribution. The total involved amount exceeded RMB 300 million (approximately US$ 40 million). The operation resulted in the apprehension of 42 suspects, the dismantling of 12 production sites, and the disruption of four criminal groups. As the actions constituted suspected criminal offenses, the case was transferred to judicial authorities. Nineteen principal offenders were sentenced to fixed-term imprisonment ranging from seven months to three years and four months, with total fines amounting to RMB 1.497 million (approximately US$ 209,430.3). The remaining accomplices are currently under further legal proceedings.
Typical Case 7: Infringement of “HILTON” and Other Registered Trademarks by Rongjiang Hilton Karaoke in Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province – This case represents a typical example of strengthened protection for service mark rights through effective administrative-criminal linkage mechanism. Local MSA and judicial authority overcame challenges in evidence conversion and divergent standard interpretations during the administrative-criminal process through case study discussions, experts support, and real-time information sharing, achieving seamless transition from administrative enforcement to criminal prosecution.
In January 2024, the Rongjiang County MSA in Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province, received a complaint from Hilton Worldwide Management Inc. alleging that Rongjiang Hilton Karaoke (“Hilton Karaoke”) had infringed its exclusive rights to the “HILTION” and “HILTON & Design” registered trademarks. Investigation revealed that the Hilton Karaoke had unauthorizedly used the “HILTON” and “HILTON & Design” registered trademarks on its storefront signage, interior decorations, and promotional materials, as well as on platforms including Meituan and Dianping. As of the case investigation, the Hilton Karaoke had generated operating revenue of RMB 11.14 million (approximately US$ 1.6 million) through these activities. As the actions constituted suspected criminal offenses, the case was transferred to local public security authority for further action. The matter is currently under criminal investigation.
Typical Case 16: Infringement of “Budweiser” Registered Trademark by Tangshan Ulik Beer Sales Co., Ltd. – This case involved the respondent’s use of a design patent as a defense against claims of registered trademark infringement, demonstrating intentional violation of another party’s trademark rights. Applying the principle of protection of prior rights, law enforcement authorities conducted contextual analysis and determined the existence of trademark infringement by similarity.
In January 2024, the Tangshan MSA in Hebei Province received a complaint from Budweiser (Tangshan) Beer Co., Ltd., alleging that Tangshan Ulik Beer Sales Co., Ltd. (“Ulik Beer Company”) was producing canned beer products infringing its Design Registered Trademark No. 1994920, and that eight distributors within the Tangshan jurisdiction were selling these infringing goods. Investigation confirmed that the respondent had prominently used markings similar to the Design registered trademark on five beer products, including “唐冰爽牌唐山清爽” (Tangbingshuang Brand Tangshan Qingshuan) and “12°唐山原浆” (12° Tangshan Yuanjiang), displayed on packaging boxes and cans as product decorations. This use was likely to cause public confusion and constituted trademark infringement by similarity. The MSA imposed penalties including the confiscation of infringing goods and a fine exceeding RMB 250,000 (approximately US$ 34,975) on Ulik Beer Company. Administrative penalties were also separately imposed on the eight involved distributors.
Typical Case 17: Infringement of “MENBHUK CMAPBIU” Registered Trademark by Heilongjiang Quanrun Beer Co., Ltd. – This case involved an unregistered Design element that was deemed similar to the rights holder’s registered trademark. Law enforcement authorities accurately determined the violation, establishing a demonstrative model for infringement determination, legal application, and enforcement procedures.
In May 2023, the Wangkui County MSA in Heilongjiang Province received a complaint from EFES HOLLAND TECHNICAL MANAGEMENT CONSULTANCY B.V. alleging that beer produced by Heilongjiang Quanrun Beer Co., Ltd. (“Quanrun Beer Company”) infringed its exclusive rights to the “MENBHUK CMAPBIU” and other registered trademarks. Investigation revealed that the Desing component of the trademark used by Quanrun Beer Company on its products, though unregistered, was similar to the complainant’s “MENBHUK CMAPBIU” and other registered trademarks, likely to cause consumer confusion. Between November 2022 and July 2023, Quanrun Beer Company produced and sold 800 cases of infringing beer with a total value of RMB 16,000 (approximately US$ 2,238.4). The MSA ordered the cessation of infringement and imposed a fine of RMB 26,000 (approximately US$ 3,637.4).
Typical Case 18: Zhang Mou et al. Infringement of “Jägermeister” and Other Registered Trademarks – The respondent in this case operated as an unlicensed mobile vendor without fixed business premises, deliberately evading regulatory oversight by neither providing supply invoices or other legitimate documentation to merchants nor using real names, thereby complicating traceability. Additionally, some merchants failed to request and retain relevant documentary evidence as required, resulting in broken transaction chains and missing critical evidence. Market regulatory authorities conducted door-to-door inspections, comparing the respondent’s physical characteristics and communication account details with information verified by relevant merchants to confirm his identity as the supplier. Meticulous investigation and evidence collection were pivotal to breaking the case.
On 8 May 2024, during enforcement inspections, the Karamay District MSA in Xinjiang Uygur Autonomous Region discovered that several merchants had purchased “Jägermeister” herbal liqueur, “Jack Daniel’s” whiskey, and “Johnnie Walker” Red Label whiskey from supplier Zhang, with packaging appearance and font discrepancies from genuine products, suggesting infringement of exclusive trademark rights. To thoroughly investigate, the MSA transferred the case leads to local public security authority for joint investigation. Investigation revealed an integrated counterfeiting production and sales chain. Zhang Mou purchased suspected counterfeit alcohol from upstream sources in other provinces and sold it through door-to-door mobile vending. Law enforcement apprehended eight criminal suspects, initiated a manhunt for one individual online, and dismantled three criminal operation sites. The total involved amount exceeded RMB 20 million (approximately US$ 2.8 million). As the actions constituted suspected criminal offenses, the case was transferred to judicial authorities and is currently under review for prosecution.
Typical Case 2: Infringement of the “Rolls-Royce” Registered Trademark by Wedding Car Rental Companies – This case represents a new type of trademark infringement dispute within the wedding services industry. The actions of the parties involved not only harmed the brand value and market reputation of the “Rolls-Royce” trademark owner but also negatively impacted the integrity system of China’s wedding consumption market.
In August 2023, during an online inspection, officers from the Putuo District MSA in Shanghai discovered a short video featuring a vintage “Rolls-Royce” brand car, a model nearly extinct in China, being used as a wedding vehicle. Subsequent investigation revealed that the vehicle was not an authentic Rolls-Royce but a different brand of car misrepresented as such. The front, body, and wheel hubs of the vehicle in question bore the “Rolls-Royce” trademark, despite having no association with the Rolls-Royce brand. Further investigation identified 15 wedding car rental companies and other entities engaged in wedding services that used such vehicles to provide related nuptial services. The MSA imposed fines totaling over RMB 710,000 (approximately US$ 99,329) on these 15 violators.
Typical Case 3: Lin Mouyang et al. Infringement of “HERMÈS” and Other Registered Trademarks – The success of this case hinged on two critical elements: the implementation of the Interim Measures for Rewarding the Reporting of Major Violations of Laws in the Market Regulation Field [ https://www.gov.cn/gongbao/content/2021/content_5641356.htm ], which enabled the acquisition of case leads through whistleblower incentives, and the reliance on the administrative-criminal linkage mechanism to integrate enforcement resources between the SMA and local public security authority. The SMA utilized the “Cloud-Based” collaboration system to secure electronic evidence, while local public security authority employed technical investigative methods to trace fund flows, enabling a comprehensive investigation into the counterfeit operations and achieving end-to-end enforcement from production to distribution.
In July 2023, the Guangdong Provincial MSA, acting on tip-offs, identified over 10 factories in the Huangbu and Jilong Towns of Huidong County, Huizhou City, suspected of manufacturing and selling counterfeit footwear imitating internationally renowned brands. The Guangdong Provincial MSA immediately initiated a joint investigation with the Provincial Public Security Department. On 10 August 2023, the two agencies coordinated a joint operation, dismantling 27 production sites and apprehending 54 suspects, including Lin Mouyang. The operation seized 21,000 pairs of footwear products counterfeiting registered trademarks such as “HERMÈS”, “CHANEL”, and “DIOR”, along with 63,000 pieces of infringing packaging materials. The total involved amount reached RMB 216 million (approximately US$ 30 million). As the actions of the parties involved constituted suspected criminal offenses, the case was transferred to local judicial authority. Nineteen individuals were sentenced to fixed-term imprisonment ranging from one year and five months to four years, with total fines amounting to RMB 3.8 million (approximately US$ 531,620).
Typical Case 4: Zhan Mou Mou et al. Series of Infringements of the “Arc’teryx” Registered Trademark – The parties in this case organized a counterfeit production and sales network through WeChat, exploiting the platform’s characteristics that complicate investigations to evade enforcement. In response, law enforcement authorities leveraged the administrative-criminal linkage mechanism, collaborating with local public security authority to utilize return-service phone numbers and WeChat IDs in conjunction with the Skynet surveillance project and facial recognition technology. Simultaneously, data from computers and mobile devices were forensically extracted to verify the identities and actual operational addresses of the parties involved. Financial transaction records and logistics data were thoroughly traced, securing critical evidence.
From October 2023 to April 2024, the Sanmen County MSA in Taizhou, Zhejiang Province, acting on consumer complaints, jointly established a task force with local public security authority to dismantle a major counterfeit “Arc’teryx” jackets operation led by Zhan Mou Mou. The parties utilized e-commerce platforms to redirect traffic to WeChat, where they developed agent networks and employed false business and return addresses to avoid detection. They established a production chain structured as “agent order placement—centralized production” and a sales chain operating through “platform introduces traffic—agent recruitment—sales execution”. The illicit network spanned nine provinces: Zhejiang, Sichuan, Fujian, Guangdong, Anhui, Liaoning, Jiangxi, Shandong, and Hebei, covering the entire supply chain from jacket production and trademark embroidery to packaging printing, label manufacturing, and agent-based distribution. The total involved amount exceeded RMB 300 million (approximately US$ 40 million). The operation resulted in the apprehension of 42 suspects, the dismantling of 12 production sites, and the disruption of four criminal groups. As the actions constituted suspected criminal offenses, the case was transferred to judicial authorities. Nineteen principal offenders were sentenced to fixed-term imprisonment ranging from seven months to three years and four months, with total fines amounting to RMB 1.497 million (approximately US$ 209,430.3). The remaining accomplices are currently under further legal proceedings.
Typical Case 7: Infringement of “HILTON” and Other Registered Trademarks by Rongjiang Hilton Karaoke in Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province – This case represents a typical example of strengthened protection for service mark rights through effective administrative-criminal linkage mechanism. Local MSA and judicial authority overcame challenges in evidence conversion and divergent standard interpretations during the administrative-criminal process through case study discussions, experts support, and real-time information sharing, achieving seamless transition from administrative enforcement to criminal prosecution.
In January 2024, the Rongjiang County MSA in Qiandongnan Miao and Dong Autonomous Prefecture, Guizhou Province, received a complaint from Hilton Worldwide Management Inc. alleging that Rongjiang Hilton Karaoke (“Hilton Karaoke”) had infringed its exclusive rights to the “HILTION” and “HILTON & Design” registered trademarks. Investigation revealed that the Hilton Karaoke had unauthorizedly used the “HILTON” and “HILTON & Design” registered trademarks on its storefront signage, interior decorations, and promotional materials, as well as on platforms including Meituan and Dianping. As of the case investigation, the Hilton Karaoke had generated operating revenue of RMB 11.14 million (approximately US$ 1.6 million) through these activities. As the actions constituted suspected criminal offenses, the case was transferred to local public security authority for further action. The matter is currently under criminal investigation.
Typical Case 16: Infringement of “Budweiser” Registered Trademark by Tangshan Ulik Beer Sales Co., Ltd. – This case involved the respondent’s use of a design patent as a defense against claims of registered trademark infringement, demonstrating intentional violation of another party’s trademark rights. Applying the principle of protection of prior rights, law enforcement authorities conducted contextual analysis and determined the existence of trademark infringement by similarity.
In January 2024, the Tangshan MSA in Hebei Province received a complaint from Budweiser (Tangshan) Beer Co., Ltd., alleging that Tangshan Ulik Beer Sales Co., Ltd. (“Ulik Beer Company”) was producing canned beer products infringing its Design Registered Trademark No. 1994920, and that eight distributors within the Tangshan jurisdiction were selling these infringing goods. Investigation confirmed that the respondent had prominently used markings similar to the Design registered trademark on five beer products, including “唐冰爽牌唐山清爽” (Tangbingshuang Brand Tangshan Qingshuan) and “12°唐山原浆” (12° Tangshan Yuanjiang), displayed on packaging boxes and cans as product decorations. This use was likely to cause public confusion and constituted trademark infringement by similarity. The MSA imposed penalties including the confiscation of infringing goods and a fine exceeding RMB 250,000 (approximately US$ 34,975) on Ulik Beer Company. Administrative penalties were also separately imposed on the eight involved distributors.
Typical Case 17: Infringement of “MENBHUK CMAPBIU” Registered Trademark by Heilongjiang Quanrun Beer Co., Ltd. – This case involved an unregistered Design element that was deemed similar to the rights holder’s registered trademark. Law enforcement authorities accurately determined the violation, establishing a demonstrative model for infringement determination, legal application, and enforcement procedures.
In May 2023, the Wangkui County MSA in Heilongjiang Province received a complaint from EFES HOLLAND TECHNICAL MANAGEMENT CONSULTANCY B.V. alleging that beer produced by Heilongjiang Quanrun Beer Co., Ltd. (“Quanrun Beer Company”) infringed its exclusive rights to the “MENBHUK CMAPBIU” and other registered trademarks. Investigation revealed that the Desing component of the trademark used by Quanrun Beer Company on its products, though unregistered, was similar to the complainant’s “MENBHUK CMAPBIU” and other registered trademarks, likely to cause consumer confusion. Between November 2022 and July 2023, Quanrun Beer Company produced and sold 800 cases of infringing beer with a total value of RMB 16,000 (approximately US$ 2,238.4). The MSA ordered the cessation of infringement and imposed a fine of RMB 26,000 (approximately US$ 3,637.4).
Typical Case 18: Zhang Mou et al. Infringement of “Jägermeister” and Other Registered Trademarks – The respondent in this case operated as an unlicensed mobile vendor without fixed business premises, deliberately evading regulatory oversight by neither providing supply invoices or other legitimate documentation to merchants nor using real names, thereby complicating traceability. Additionally, some merchants failed to request and retain relevant documentary evidence as required, resulting in broken transaction chains and missing critical evidence. Market regulatory authorities conducted door-to-door inspections, comparing the respondent’s physical characteristics and communication account details with information verified by relevant merchants to confirm his identity as the supplier. Meticulous investigation and evidence collection were pivotal to breaking the case.
On 8 May 2024, during enforcement inspections, the Karamay District MSA in Xinjiang Uygur Autonomous Region discovered that several merchants had purchased “Jägermeister” herbal liqueur, “Jack Daniel’s” whiskey, and “Johnnie Walker” Red Label whiskey from supplier Zhang, with packaging appearance and font discrepancies from genuine products, suggesting infringement of exclusive trademark rights. To thoroughly investigate, the MSA transferred the case leads to local public security authority for joint investigation. Investigation revealed an integrated counterfeiting production and sales chain. Zhang Mou purchased suspected counterfeit alcohol from upstream sources in other provinces and sold it through door-to-door mobile vending. Law enforcement apprehended eight criminal suspects, initiated a manhunt for one individual online, and dismantled three criminal operation sites. The total involved amount exceeded RMB 20 million (approximately US$ 2.8 million). As the actions constituted suspected criminal offenses, the case was transferred to judicial authorities and is currently under review for prosecution.