With the final judgments of Beijing No.1 Intermediate People's Court on July 20 12 and 13, the trademark contract dispute case of1800 million yuan rejected the application of Jiaduobao's parent company Hongdao Group to revoke the arbitration result of Wang Laoji. This means that the trademark case of Wang Laoji, which lasted for 445 days, officially ended with the victory of Guangzhou Pharmaceutical Group. Guangzhou Pharmaceutical Group recovered the production and management rights of red canned and red bottled Wang Laoji herbal tea of Hongdao (Group) Co., Ltd., and the trademark lease of Wang Laoji was overdue. Guangzhou Pharmaceutical Group recovered it reasonably according to law. According to the ruling, the Supplementary Agreement of Wang Laoji Trademark License and the Supplementary Agreement of Wang Laoji Trademark License Contract signed by GPHL and Hongdao Group are invalid; Hongdao Group stopped using the trademark "Wang Lao Ji"; Both parties shall bear 50% of the arbitration fee. The award is final and takes effect as of the date it is made.
After Guangzhou Pharmaceutical won the case, Ni Yidong said that he reserved the right to sue Jiaduobao for losses from May 3, 20 10. The amount of compensation requested is still under internal discussion and has not yet been determined. "It will be combined with the international practice of production and operation and trademark infringement." Jiaduobao quietly "went to Wang Laoji".
It is worth noting that just when the "red-green Wang Laoji dispute" is in full swing, Jiaduobao has quietly started to go to Wang Laoji. From the end of 20 1 1, the red pot of Wang Lao Ji herbal tea produced by Jiaduobao was packaged in a newly designed product, which was regarded as the beginning of "Wang Lao Ji" by the outside world. For a time, one side of the red can was "Wang Lao Ji" and the other side was "Jiaduobao".
On the other hand, GPHL is actively recruiting. Although there is no public suspense in the "red-green dispute", GPHL has issued an emergency recruitment announcement. On may 10, the first phase of emergency recruitment of Guangzhou Wang Lao Ji Da Health Industry Co., Ltd. was released in official website, GPHL, claiming that its wholly-owned subsidiary Guangzhou Wang Lao Ji Da Health Industry Co., Ltd. urgently recruited 3,000 "fast-disappearing talents". This move was interpreted by the outside world as recruiting talents for the "red pot" Wang Laoji in advance. The promulgation of a ban in a lawsuit finally made Wang Laoji's "renaming" storm clear and the truth was revealed to the world.
2013,65438+/kloc-0,31,Guangzhou Intermediate People's Court ruled that Jiaduobao made false propaganda and misled consumers. The court held that in order to prevent the ongoing false propaganda from irretrievably damaging the legitimate rights and interests of the plaintiff in this case, it is necessary to prohibit Jiaduobao and Peng who placed relevant billboards in the business premises from carrying out the above false propaganda. Therefore, the court made an injunction (civil ruling ((20 12) Sui No.263) in accordance with the law, demanding that the respondent such as Jiaduobao immediately stop using the name of "Wang Lao Ji as Jiaduobao", "Red Canned Herbal Tea with the leading domestic sales volume as Jiaduobao" or similar advertising, and the injunction will take effect immediately.
The next day, Wang Laoji held a press conference, saying that he would start legal procedures and fully investigate the legal responsibility of Jiaduobao's false propaganda nationwide. At the same time, it will also reserve the right to fully investigate the joint liability of units, distributors and individuals who resist the implementation, dissemination and publication of false propaganda.
On February 20th, 65438, Guangzhou Intermediate People's Court publicly pronounced the case of Wang Laoji's "renaming", ruling that the advertisement of "renaming" launched by Jiaduobao was false and constituted unfair competition. At this point, Wang Laoji's case of "being renamed", which lasted for nearly a year, had the final result after "suing for injunction". The court ruled that the defendant Jiaduobao immediately stopped using the slogan "The leading red pot herbal tea in China was renamed as Jiaduobao", compensated the plaintiff GPHL for its economic loss of RMB100000, paid GPHL a reasonable fee of RMB 8 10/0000, and publicly apologized in the mainstream media.
Jiaduobao replied that it admitted that it had indeed made the advertisement of "the leading red pot herbal tea in China was renamed Jiaduobao", but disagreed with the plaintiff's evidence that there was no misleading element in the advertisement. He also said that the advertisement has also fulfilled all the approval and filing procedures for publication and broadcast, and the form is strict and legal, and the content is true, which can withstand any fair and just judicial review. "Red jar" and "Red jar herbal tea" are the unique names of well-known products of Jiaduobao, which have unique directionality, that is, Jiaduobao products, and there is no misleading. The plaintiff claimed that this kind of advertisement led to social misunderstanding that Wang Laoji was going to die and should bear the burden of proof. As for the slogan "Wang Lao Ji changed his name to Jiaduobao", Jiaduobao has never done it.
Jiaduobao said that there was a dispute between Jiaduobao and Guangyao due to the renaming of advertisements. Although the Guangzhou Intermediate People's Court made a first-instance judgment, it was not the final result. Wang, deputy general manager of the brand department of Jiaduobao Group, told the media that the lawsuit had no impact on the market of Jiaduobao, and Jiaduobao still occupied the leading position of herbal tea. Regarding the verdict of the first instance, Jiaduobao issued a statement saying that it had filed an appeal immediately according to law.
Ceng Yun, lawyer of GPHL, said that GPHL reserves the right to appeal. He believes: "Although we won the case on the surface, we filed six claims, and the court only supported two of them. We think this is not enough, and the compensation of 6.5438+million yuan is far from making up for the loss of GPHL. We do not rule out the possibility of appeal. "
In response to the long-disputed "renaming case" between Wang Laoji and Jiaduobao, the Guangdong Higher People's Court made a final judgment on February 2, 2005, and Jiaduobao was convicted of false propaganda, and Wang Laoji won the case. According to the judgment, Jiaduobao must also compensate the plaintiff Wang Laoji for economic losses and reasonable rights protection expenses * * *10865438+100000 yuan, and publicly apologize in Guangzhou Daily, People's Daily and other media. 20 15 12 15. GPHL and Guangzhou Wang Lao Ji Da Health Industry Co., Ltd. received the judgment of Guangdong Higher People's Court. Legal level:
Authoritative experts agree that red cans belong to the well-known commodity Wang Laoji herbal tea.
1) The Law of People's Republic of China (PRC) on Anti-Unfair Competition stipulates that well-known commodities enjoy unique decoration rights, which belong to the legal operators of well-known commodities and can be transferred between different legal operators with the commodities. It is an indisputable fact that the Intermediate People's Court of Foshan City, Guangdong Province (2003) Civil Judgment No.3 19 of Buddhism and Famen, and the Civil Judgment No.212 of Guangdong Higher People's Court (2003) of Gaoyue Famen's Third Final Word all hold that "Wang Laoji herbal tea is a well-known commodity"! Red pot Wang Laoji herbal tea is a kind of Wang Laoji herbal tea. GPHL previously authorized Hongdao to produce and operate the red jar Wang Laoji. Now, after recovering the production and management right of Wang Laoji, the unique decoration right has also been transferred to Guangzhou Pharmaceutical Group along with the production and management right of Wang Laoji herbal tea.
2) According to the ruling of China International Trade Arbitration Commission, Jiaduobao's right to use the trademark "Wang Lao Ji" and the packaging and decoration with the trademark "Wang Lao Ji" ended on May 2, 20 10, and Jiaduobao brand herbal tea was launched only in May, 20 12, which is not a well-known commodity, let alone the right to decorate the red cans of the well-known commodity Wang Lao Ji herbal tea.
3) As early as 1995, in the trademark license contract signed between GPHL and Jiaduobao's parent company Hongdao Group, it was clearly stipulated that Hongdao Group was authorized to produce and operate Wang Laoji herbal tea in red cans and red bottles. If there is no ownership, how can there be authorization? Red canned and bottled Wang Laoji herbal tea is a part of GPHL's Wang Laoji herbal tea product line. Hongdao bypassed Guangyao and directly applied for a design patent, which was invalid.
Jiaduobao's continued use of red cans infringes on the unique decoration of Wang Laoji herbal tea and is a serious unfair competition.
It is reported that due to widespread social concern, relevant legal experts have expressed their views. Director of Intellectual Property Center of China Academy of Social Sciences, Professor of Intellectual Property College of Southwest University of Political Science and Law, Director of Intellectual Property Research Center of China University of Political Science and Law, Zhang Chu, Professor Cui of Tsinghua University Law School, Professor Guan Yonghong of South China University of Technology, Doctoral Supervisor Huang of East China University of Political Science and Law, Doctoral Supervisor of Sun Yat-sen University Law School, Vice President of China Commercial Law Research Association and President of Guangdong Civil and Commercial Law Research Association, and many other experts agreed that the only packaging and decoration right of the famous product Wang Laoji Herbal Tea belongs to Guangyao from beginning to end. Jiaduobao's continued use of red cans for packaging violated the rights of Guangzhou Pharmaceutical. The production and operation of Jiaduobao herbal tea, which is similar to the well-known product Wang Laoji herbal tea, deliberately creates market chaos in the process, which constitutes unfair competition.
Wang Laoji Health believes that the production and sale of red canned herbal tea by Jiaduobao has caused confusion among consumers, mistakenly thinking that Jiaduobao herbal tea is Wang Laoji herbal tea, openly plundering Wang Laoji's goodwill and seriously violating the principle of good faith.
In 2003, Wang Laoji (managed by Jiaduobao) and the precedent of twenty-four flavors' decoration rights.
In 2003, Wang Laoji sued Huali Company's twenty-four herbal teas for violating their decoration rights. Is the canned "Wang Lao Ji" herbal tea beverage a well-known commodity, and is the packaging and decoration used by the plaintiff Jiaduobao unique?
Well-known commodities should have a certain popularity in the market and be known to the relevant public. When identifying a well-known commodity, it is not required that anyone knows the commodity, but that the commodity has a high reputation in the relevant market fields.
"Wang Lao Ji" herbal tea has a long history and enjoys a high reputation in domestic and foreign markets for many years. It is almost a household name in Guangdong and Southeast Asia, and its products are sold all over the country. With its reliable product quality, it is favored by consumers. The trademark "Wang Lao Ji" was awarded as a famous trademark in Guangdong Province at 1992 and 1998. April 2002 10 was awarded the titles of "Special Logo of China Sports Delegation", "Partner of China Sports Delegation in the 14th Asian Games" and "Only Special Tea Beverage for China Sports Delegation in the 14th Asian Games" by the Sports Equipment Center of the State General Administration of Sport.
In this regard, the defendant Huali Company has no objection. Therefore, "Wang Lao Ji" herbal tea is a well-known commodity in the market and should be recognized as a well-known commodity, so canned "Wang Lao Ji" herbal tea beverage, as one of the series products of "Wang Lao Ji" herbal tea, is inseparable from the well-known commodity "Wang Lao Ji" herbal tea. The identification of uniqueness mainly depends on whether it is shared by related commodities and whether it has significant distinguishing characteristics. The above two genders are interrelated and do not need to be recognized and granted by any department. In this case, the decoration of the plaintiff Jiaduobao Company on its product "Wang Lao Ji" herbal tea beverage has clear meaning and unique design in terms of words, colors, patterns and their arrangement. The background color and pattern of the decoration are integrated with its name, which has obvious distinguishing features, and it is not common to related commodities, but unique to the commodity, so it should be recognized as the unique packaging decoration of well-known commodities and should be protected by law. For the decoration of counterfeit canned "Wang Lao Ji" herbal tea drinks, unfair competition should be prohibited.
The trademark license contract is only for the "Wang Lao Ji" trademark, not a license contract involving decoration rights. In the way of stealing the concept, GPHL lied that it "explicitly authorized Jiaduobao to produce and operate red cans and red bottles", which has no factual basis at all. According to the trademark license contract signed by GPHL and Jiaduobao's parent company Hongdao Group as early as 1995, only Hongdao Group was authorized to use the "Wang Lao Ji" trademark, and the contract also involved trademark rights. The sophistry of GPHL that "if there is no ownership, how can there be authorization" fully exposes its essence of not knowing the law from top to bottom, which makes the legal profession chilling. The red jar and the red bottle themselves belong to the exterior decoration. According to the concept that whoever designs benefits, the right holder can only be the designer, which has nothing to do with GPHL. GPHL claims that packaging and decoration is a part of its own Wang Laoji herbal tea product line, which has no legal basis. Hongdao bypassed Guangyao and directly applied for a design patent, which was invalid.
Reasonable level:
Wang Lao Ji Herbal Tea was founded in the eighth year of Qing Daoguang (1828),1910/year, and the Yuan Heng of Guangzhou Wang Lao Ji was registered with the government of the Republic of China as a gourd signboard.
It can be seen that Wang Laoji's development in Guangzhou can be described as one continuous line from Yuan Heng to Wang Laoji United Pharmaceutical Factory, to Yangcheng Pharmaceutical and today's Wang Laoji Pharmaceutical. Generations of Wang Laoji people have created generations of herbal tea products with their unique herbal tea secret recipe.
In the first quarter, the momentum of Wang Lao Ji's red pot herbal tea was gratifying.
Red pot herbal tea is the most cherished asset of Guangyao from the beginning. After recovering Wang Laoji's production and management rights, GPHL established Wang Laoji Health Company, and spared no effort to make full efforts from industrial source to quality and then to channels. Following the initial construction of FMCG team in 20 12, Wang Laoji adopted a nationwide channel weaving plan to continue to deepen the channel sinking, and it is expected to build a marketing team with a scale of15,000 people to deepen Wang Laoji's terminal sales network again.
It is reported that after several months of construction, Wang Laoji's channels have covered all levels of markets in cities, counties and townships across the country. "Let all people in China drink the most authentic herbal tea of Wang Laoji" has become one of the components of Wang Laoji's great health concept. And enterprises with conscience can be more recognized by consumers. Wang Lao Ji's health management has developed well. 20 13' s sales reached a new high in the first quarter, and he was full of confidence in the sales target of10 billion yuan.
Although with the continuous improvement of performance, Wang Laoji's leading position in the herbal tea market has been consolidated. However, Wang Laoji never forgot that it was the support of millions of consumers in Qian Qian that made Wang Laoji what he is today.
Wang Lao Ji only speaks with facts. Provide consumers with a century-old quality and a century-old taste to support consumers' continuous trust in Wang Laoji from 65438 to 085.
185 years later, Wang Laoji's carrier is constantly updated, from water bowls of herbal tea to herbal tea bags, herbal tea granules, to boxed and canned herbal tea, but Wang Laoji's feelings for consumers remain unchanged. With the support of consumers, Wang Laoji is willing to continue to speak with facts, operate in good faith, and not cheat sympathy with sad marketing. For Wang Laoji, a can of really good quality herbal tea is the most convincing marketing.
However, Wang Laoji's inexplicable rumors of "being reduced in price", "being broken by the capital chain" and "being acquired" are not uncommon. This is because some enterprises are deliberately conducting "colored marketing", and Wang Laoji reserves the right to pursue legal responsibility.
The case of herbal tea is presented from beginning to end:
Jia Duobao v. Wang Laoji unfair competition was rejected by Chongqing No.1 Intermediate People's Court.
Chongqing No.1 Intermediate People's Court made a public judgment on the case of unfair competition dispute between the plaintiff Guangdong Jiaduobao Beverage & Food Co., Ltd. (hereinafter referred to as Jiaduobao Company) and the defendant He Mou and Guangzhou Wanglaoji Health Industry Co., Ltd. (hereinafter referred to as Wanglaoji Company): It rejected all claims of Jiaduobao Company, and its continued use of the slogan "Drink Wanglaoji if you are afraid of getting angry" did not constitute unfair competition.
Jiaduobao Company claimed that the slogan "I am afraid of getting angry and drinking Wang Laoji" is a prominent commercial mark of the well-known commodity red pot herbal tea operated by the plaintiff. Wang Laoji Company directly copied the slogan and encroached on the plaintiff's goodwill, making consumers mistakenly think that the red pot produced by Wang Laoji Company is the red pot Wang Laoji produced and operated by the plaintiff in the past. The behavior of Wang Laoji Company violated the principle of good faith, constituted unfair competition, and caused huge economic losses and goodwill losses to the plaintiff. The plaintiff requested to order the two defendants to stop unfair competition, and ordered Wang Laoji Company to bear the civil liability of eliminating the influence and compensating the plaintiff for economic losses of100000 yuan. At the same time, He Mou, a catering merchant in Chongqing, also became the defendant because of the related acts involved.
Wang Laoji Company replied that the rights and interests of the slogan "I am afraid of getting angry and drinking Wang Laoji" belong to Wang Laoji Company, the legal operator of the well-known commodity "Wang Laoji Herbal Tea", and the plaintiff is the operator of "Jiaduobao Herbal Tea" and does not enjoy the relevant rights and interests of the slogan. The loss of 6,543,800 yuan claimed by the plaintiff has no factual and legal basis.
The court found through trial that with the permission of the trademark owner, Jiaduobao obtained the right to use the trademarks 1998 to 10 of "Wang Lao Ji" for the red pot herbal tea products it produced. In order to promote its products, the plaintiff designed the slogan "I'm afraid of getting angry and drinking Wang Laoji", and its affiliated companies invested huge sums of money to make advertisements containing this slogan, which were publicized continuously, frequently and in various ways throughout the country, making this slogan highly famous. On June 5438+February 65438+March 2004, the Guangdong Higher People's Court recognized the herbal tea products produced by the plaintiff with the aforementioned packaging and the trademark of "Wang Lao Ji" as well-known commodities. From 2007 to 20 1 1 year, the red canned herbal tea products with the trademark of "Wang Lao Ji" produced by Jiaduobao and its affiliated companies ranked first in the canned beverage market for five consecutive years. On may 9, 20 12, the plaintiff stopped using the trademark of "Wang Lao Ji" and changed it to the trademark of "jiaduobao". After that, Wang Lao Ji Company obtained the right to use the trademark of "Wang Lao Ji" with the permission of the trademark owner, and went on the market on June 3, 20 12 to sell its red pot herbal tea products using the trademark of "Wang Lao Ji". The annual sales of this product in 20 12 years is1700 million yuan. In order to promote its products, Wang Laoji Company produced an advertisement with the slogan "Drink Wang Laoji if you are afraid of getting angry", which was released in the restaurant run by its official Weibo and the defendant He Mou.
Finally, it is the result of Wang Laoji's use of the advertising language involved. Wang Lao Ji Company will continue to promote the "Wang Lao Ji" brand by extending advertising slogans, which will not and cannot be confused with other brand products, will not harm the legitimate interests of other operators including plaintiffs, and will not produce anti-competitive effects.
In summary, Chongqing No.1 Intermediate People's Court ruled that all claims of Jiaduobao were rejected. The court found that Wang Laoji Company, as the legal user of the trademark "Wang Laoji", enjoyed legitimate interests in the slogan "I'm afraid of getting angry and drinking Wang Laoji", and it continued to use the slogan "I'm afraid of getting angry and drinking Wang Laoji", and there was no unfair behavior in the behavioral motivation and behavioral results, so it did not constitute unfair competition. Defendant He agreed that Wang Laoji Company's behavior of publishing advertisements involved in the case in its hotels did not constitute unfair competition.
Workers were detained by public security organs.
At about 4: 30 pm on May 1 1, 2065438, three business personnel of Guangzhou Baiyun Office were illegally besieged and beaten by more than 20 employees of Jiaduobao Company while carrying out normal business activities in Baiyun District New Town. The other party used knives, bricks and other weapons to commit violence. As a result, all three business personnel of Wang Laoji were injured and hospitalized. One of them was cut with a knife about 13cm long and stitched with 14 stitches. After the operation, he was unconscious for more than ten hours. After forensic identification, this incident caused certain personal injury and great mental damage to three business personnel of Wang Laoji.
Behind the violence
Entrusted by GPHL, an investigation company began to investigate and report Wang Laoji's trademark infringement.
After receiving a real-name report from a company named "North Wolf", the industrial and commercial department came to Xiamen Jiyuan Enterprise Co., Ltd. located in Matang Village, Xinxu Town, Xiang 'an District, Xiamen. 3675740 empty cans of Jiaduobao herbal tea infringing the trademark of "Wang Lao Ji" were found at the scene.
"This factory is large in scale and is a regular OEM manufacturer of Jiaduobao. Despite the strict investigation, our investigators finally entered the factory after many twists and turns. " Liu, the head of Beilang and a professional counterfeiter, told this reporter, "The investigators found that although the latest products are not infringing, there are still a large number of empty cans printed with the words Wang Laoji in the warehouse of this factory, which is suspected of infringing Wang Laoji's trademark exclusive right."
"After finding the evidence, we quickly reported this situation to the entrusting party Guangyao. After they approved it, we reported it to the industrial and commercial department. " Liu said:
How did the North Wolf investigator get into the factory? Liu said: "Company investigators have their own methods of obtaining evidence. Compared with our previous undercover to the underground black dens of the enterprise, it is easy to secretly enter a factory for a long time. "
However, Liu did not disclose the details of entering this factory on the grounds that it was complicated to say.
It's no accident. In fact, similar incidents often occur.
According to Liu, the company was entrusted to complain and report the infringing products on the market, and Wang Laoji's trademark infringement has been reported at about 36 sales points, covering Fujian, Zhejiang, Jiangsu, Beijing and other places.
2065438+May 2002, according to the arbitration award of China International Economic and Trade Arbitration Commission, GPHL recovered the production and management rights of Wang Laoji herbal tea in red cans and bottles from Hongdao Group (the parent company of Jiaduobao).
Liu said that it was on the basis of this ruling that the North Wolf investigated, obtained evidence and complained. "These cases have all received the" Decision on Implementing Administrative Compulsory Measures "issued by the local industrial and commercial law enforcement departments." Liu said:
Guangyao please investigate the company's "fraud"
In addition to reporting to the industry and commerce that Jiaduobao was suspected of infringing products, Beida Wolf also reported that Jiaduobao's advertising language was suspected of fraud.
"From 1996, I started to do professional counterfeiting. It's normal for undercover to get evidence for this job. Investigators have their own methods of obtaining evidence, such as the transformation of various roles. " Liu said:
In fact, the North Wolf and Jiaduobao have a long history. In 2005, Liu sued Jiaduobao on the grounds of fraud in illegally adding "Prunella vulgaris" to "Wang Lao Ji Herbal Tea".
Liu said that it was not Guangzhou Pharmaceutical that deliberately "found" the infringing products of Jiaduobao. According to him, the cooperation between Beilang and Guangyao has been more than ten years. Previously, it was mainly Guangzhou Pharmaceutical Co., Ltd. to investigate and deal with counterfeit drugs that produced its brand and safeguard the intellectual property rights of Guangzhou Pharmaceutical Co. An important cooperation was added: investigating Jiaduobao herbal tea that infringed on Wang Laoji's trademark exclusive right.
In addition to acting as an agent for Guangzhou Pharmaceutical to report Jiaduobao's alleged infringing products, Liu also reported the propaganda language of Jiaduobao herbal tea in the name of Beida Wolf.
Every herbal tea jar produced by Jiaduobao is printed with "Jiaduobao herbal tea is approved as a representative work of national intangible cultural heritage."
"According to the Law of People's Republic of China (PRC) on Intangible Cultural Heritage, the list of national intangible cultural heritage is only approved and published by the State Council, and no local unit or social organization has the right to name, approve and authorize it." Liu believes that this move is suspected of fraud.
Wang Laoji v. Jiaduobao and sentenced Jiaduobao to compensation of 3 million.
20 14 On February 3rd, Beijing No.3 Intermediate People's Court publicly pronounced the case of Wang Laoji v. Jiaduobao. The court ruled that Jiaduobao stopped using the advertisement with the words "Jiaduobao herbal tea won the first can of China beverage for seven consecutive years", published a statement in the designated media for seven consecutive days to eliminate the influence, and compensated Wang Laoji for 3 million yuan. "
2065438+In June 2004, Beijing No.3 Intermediate People's Court accepted the case. The plaintiff GPHL and Wang Laoji Health Company jointly sued that the defendants Jiaduobao (China) Company and Guangdong Jiaduobao Company published and disseminated "Jiaduobao Herbal Tea was the first can of China beverage for seven consecutive years" and "Jiaduobao Herbal Tea was the champion of China canned beverage market for seven consecutive years" and similar advertising contents in various ways, such as store notices, TV media, indoor and outdoor media, newspapers and magazines, Internet and product packaging. It encroached on the commodity reputation of Wang Laoji herbal tea, which constituted false propaganda and affected the plaintiff. Therefore, the court is requested to order Jiaduobao to compensate for economic losses of 20 million yuan and reasonable rights protection expenses of 6,543,800 yuan.
Regarding the prosecution, the defendant Jia Duobao argued that the advertisement involved did not cause direct damage to the two plaintiffs. Jiaduobao used the secret recipe of herbal tea authorized by the Queen for many years and enjoyed legal rights, and disagreed with the plaintiff's claim.
After hearing the case, the court held that the statistical investigation information certificate issued by relevant institutions from 2007 to 201/kloc-0 showed that the Wang Laoji brand herbal tea produced by Jiaduobao Group won the first place in the national canned beverage market, and the advertising language involved artificially arranged the statistical investigation information certificate as "Jiaduobao herbal tea won the first can of China beverage for seven consecutive years". If the "Jiaduobao herbal tea" here is understood as Jiaduobao brand herbal tea, it is inconsistent with the history of the brand, because Jiaduobao Group used the trademark of Wang Laoji before 20 12, and the Jiaduobao brand was put into use independently from 20 12, not 7 years ago. Therefore, the expression of the advertising language involved is not true.
The court held that the advertising language involved could make consumers misunderstand that the Jiaduobao brand had existed for seven years, thus giving the defendant an unfair competitive advantage. The advertising language involved consciously ignored the trademark of Wang Laoji. Its real intention is to transfer the goodwill condensed in the trademark of Wang Laoji to the trademark of Jiaduobao. This behavior improperly used the goodwill originally belonging to Wang Laoji's trademark, which infringed on the legitimate interests of the two plaintiffs. The court made the above judgment accordingly.
Jiaduobao filed an appeal, which was accepted by the Beijing Higher People's Court. On July 23, 20 15, the Beijing High Court upheld the original judgment. 20 14 12 The court ruled that the defendant Guangdong Jiaduobao immediately stopped using the same or similar packaging and decoration as the famous trademark Wang Laoji Red Pot Herbal Tea involved in the case from the effective date of the judgment; Immediately stop the production and sale of products that are the same as or similar to the packaging and decoration of the well-known product Wang Laoji red pot herbal tea involved; Immediately destroy the inventory infringing products that are the same as or similar to the packaging and decoration of the well-known commodity Wang Laoji red pot herbal tea involved; Immediately stop using and remove or destroy all advertisements (including but not limited to TV advertisements, video advertisements and print media advertisements) and all kinds of introduction and publicity materials.
The court ruled that Guangdong Jiaduobao compensated the plaintiff GPHL for economic losses of 65.438+0.5 billion yuan and reasonable rights protection expenses of 265.2 1 yuan within seven days from the effective date of this judgment.
In June 2005, the Supreme People's Court rejected the counterclaim in the trademark infringement case of Jiaduobao, and made a ruling that the counterclaims filed by six Jiaduobao companies did not conform to the clear provisions of the Civil Procedure Law and its judicial interpretation on the conditions for accepting counterclaims. The court of first instance has a factual and legal basis for handling the counterclaim, and made a final ruling rejecting Jiaduobao's appeal and upholding the original judgment. This is the twelfth defeat of Jiaduobao in a series of disputes with Wang Laoji. Wang Laoji is expected to receive 2.9 billion compensation.