$166,000 costs awarded against company and manager in Taiwan for counterfeiting

The court’s final judgments require:
1. UVB and Wang shall jointly pay Silhouette NT$5 million (around US$166,000) plus 5% interest (per annum) calculated from 2 April 2011.
2. UVB and Wang shall publish the subject title, case number, name of the parties and main text of the second-instance judgment in the China Times for one day and shall be responsible for the publication fee.
3. The court fees (including the court fees that Silhouette advanced in the first instance) shall be jointly borne by UVB and Wang.In its reasons for decision, the court said:
“The appellee, Silhouette, registered the tradark of ‘Silhouette’ in Taiwan for its eyewear products.”Appellant Wang Chong Hua is the optical department manager of UVB and is in charge of the eyewear procurent business. When Mr Wang purchased eyewear from Hong Kong Shang Gao Yun Trading Company (who is not included in the lawsuit), he did not notice the source of the eyewear products, which were defined as the counterfeit Silhouette eyewear.”Hereby the appellee should take responsibility for the negligent tort. UVB and Wang Chong Hua shall jointly pay Silhouette NT$5 million.”Our court thinks that the IP Court’s second-instance judgment was in accordance with the laws/provisions and thus sustained the first instance and second instance judgments. “Hereby the third instance appeal filed by UVB and Mr Wang is dismissed.Summarizing all the above-mentioned, this appeal is unreasonable and should be turned down. According to Rule No. 481, the 1st it of Rule No. 444, Rule No. 95 and Rule No. 78 in ‘Civil Procedure Law of Taiwan’, the sentence is summarised as stated in the main text.”

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