In the trademark infringement civil lawsuit, we represented the plaintiff, and filed a civil litigation against 6 defendants, who was held liable in the earlier closed criminal case. Facing the practical situation that the core defendants have already been criminally detained, and the civil court found it difficult to organize a trial, the team actively communicated with the judges and the prison administration. The civil court accepted our motions to serve to the prison and proceed a trial in absentia.
Ultimately, the civil court further ordered the defendants to compensate our client 400,000 CNY for civil damages, although the criminal case had already imposed fines ranging from 200,000 to 500,000 CNY on each defendant. After the judgement took effective, we initiated enforcement proceedings, and the 400,000 CNY damage award was successfully recovered to our client in full.
This case sets a valuable precedent for civil litigation against criminally convicted defendants, both substantively and procedurally. The full recovery of CNY 400,000 in civil compensation is particularly noteworthy, especially given that the defendants were already fined hundreds of thousands of CNY in an earlier criminal proceeding. This successful outcome relied on the team’s proactive and innovative strategies in coordinating among the civil court, criminal court, prison, local public security bureau, and the procuratorate.