26 april is world intellectual property day 24. The journalists learned from the guangzhou liquor group that two cases of infringement of the intellectual property rights of guangzhou liquor group had been brought to a final judgement。
The cantonese people paid 2 million dollars to the guangzhou wine man
Recently, in guangzhou liquor group v. Sinoyama corporation for a dispute over the violation of trademark rights, the guangzhou intellectual property court rendered a final judgement finding that sinoyama's food company constituted a violation and ordered it to compensate the guangzhou liquor group for its economic losses and reasonable expenses totalling $2 million. So, the 1308-day-long path to rights has been sealed and dust settled。
In 2020, sino-magayama, knowing that the “guangzhou winers” registered trademarks held by the guangzhou liquor group were well known, used tort marks that were very close to the registered trademarks to make large-scale sales of monthly cake box products。
It has been found that the products involved in the violation have been sold online throughout the country, which has been extended to large-scale electric power stations, such as skycat, and to the largest number of domestic supermarket chains. The abuse has caused serious disruption and confusion in the product market and in consumer identification, and is likely to lead to the emergence of more undesirable merchants。
With a view to resolutely combating the violation of the trademark, curbing the phenomenon of “fonction cards” and protecting consumer rights, the guangzhou liquor group decided to take up legal weapons and defend its legitimate rights and interests. In september 2020, guangzhou liquor group filed a trademark violation complaint with the tianhe district people's court of guangzhou。
"the guangzhou family" monthly bread box。
"the guangzhou winner" mooncake box。
At the hearing, both courts found that the “guangzhou winners” trademark, registered by guangzhou liquor group limited, had been used for a long period of time with visibility and reputation. Marks such as the “hangzhou man” used by a company such as nakayama for similar goods constitute akin to the trademark “gangzhou wine man” and can easily lead to confusion。
In accordance with article 57, paragraph 2, of the trademarks law of the people's republic of china, it was established that the company sino-moi had committed an act against the right of the “gangzhou winer” to exclusive use of the trademark. At the same time, the court, in applying the statutory compensation to determine the amount of compensation, considered the reasonable elements of the guangzhou liquor group's claim for punitive damages, including a certain visibility of the trademark of rights, the existence of a subjective intent to commit a tort, the gravity of the tort, the unjustified denial of book data in its possession relating to the tort, and the reasonable amount of expenses incurred by the guangzhou liquor group, and the determination that the amount of compensation to be paid by nakayama was within reasonable limits。
The unauthorized use by a chinese company in guangzhou of the "happy moon" cake wrapper constitutes copyright infringement and unfair competition
The guangzhou winners group's registered trademark, “ta-ta-ta-gul”, also has a high profile and reputation and is popular with a wide range of consumers. Ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-ta-u-ta-ta-u-t-ta-a-t-ta-ta-ta-ta-ta-ta-ta-ta-u-a-t-t-t-u-t-u-t-u-t-a-t-t-t-t-t-a-t-t。
In 2021, after discovering that one of guangzhou's chinese companies had produced and sold its monthly bread products on a permanent basis, i. E. By copying and i. E. Replicating one of ta tao's “happy moon” cake wrappings, a complaint of unfair competition was lodged with one of guangzhou's chinese companies。
At the hearing, two courts found that the conduct of a chinese company in guangzhou as a “poster” constituted confusion under article 6 of the law of the people's republic of china on anti-improper competition. Taking into account the visibility of the lunar wrapping of the tao tao tao pie, the nature of the violation, its duration, the size of the operation, the subjective fault of a certain chinese company and the reasonable expenses incurred by the tao tao company in defending its rights, a chinese company in guangzhou has been awarded a total of $100,000 in compensation for economic losses to tao tao。
Alleged infringement of goods packaged。
Ta-ta-ta-du, "happy moon."。
As one of the main bearers of “eating in guangzhou”, the guangzhou winners group, which insists on the development of a two-tier industry of “eating + food”, currently holds the three chinese-chinese brands of “tao tao-bok” and is committed to making excellent chinese-chinese brands, and continues to pursue all-round, multi-channel intellectual property rights, with a focus on combating violations of the legitimate rights and interests of the old brand。
In the future, the guangzhou liquor group will continue to build on the concept of innovation-driven, intellectual property rights-protected core competitiveness of its products, with intellectual property work contributing to the accelerated development of new quality productivity, enabling high-quality enterprise development, promoting a virtuous and competitive ecological circle in the food and catering industry, and working together to create an international first-class business environment。
