On the morning of the 21st, another infringement lawsuit between Wanglaoji and Jiaduobao opened in Daxing Court. The plaintiff Guangzhou Pharmaceutical Group Co., Ltd. claimed that the appearance of Jiaduobao (China) Beverage Company is not substantially different from the unique packaging and decoration of Wanglaoji’s well-known products, which is enough to misunderstand the public, and it seeks compensation of 300 million yuan.
Previously, Wanglaoji and Jiaduobao had filed more than 15 lawsuits over trademark infringement, unauthorized use of unique packaging and decoration of well-known products, false publicity, unfair competition and other causes of action, with the subject matter of the case reaching 3 billion yuan. Among them, the more famous ones include the “Wanglaoji renamed Jiaduobao case”, the false propaganda case of “for every 10 cans of herbal tea sold, 7 cans of Jiaduobao”, the “Red Can Case” which was the first packaging and decoration case in China, etc. The vast majority of cases end in Wong Lao Kat’s victory, and individual cases are still under trial. [Suzhou Oxford Cloth]
Wanglaoji: Jiaduobao packaging infringement claims 300 million
Guangzhou Pharmaceutical Group Co., Ltd. sued Jiaduobao (China) Beverage Co., Ltd., requiring it to stop the infringement, eliminate the impact, and compensate the plaintiff for economic losses of more than 300 million yuan.
The plaintiff Guangzhou Pharmaceutical Group Co., Ltd. claimed that Guangzhou Pharmaceutical Group is the right holder of the unique packaging and decoration of the well-known herbal tea product “Wanglaoji”. The unique packaging and decoration of its products are red as the background color, In the middle is a whole composed of three vertical yellow regular script words “Wang Lao Ji”, auxiliary words and pictures.
From 1995 to 2010, the plaintiff and its predecessors had licensed the scroll trademark No. 626155 “Wong Lao Kat” to Hong Kong Hong Dao Group for the production of Wong Lao Kat herbal tea. Later, due to the dispute between the plaintiff and Hong Kong Hong Dao Group, The group had a dispute over a trademark licensing contract, and the plaintiff took back the “Wong Lo Kat” trademark.
GPHL believes that the packaging decoration on “Wanglaoji” herbal tea is unique to “Wanglaoji” herbal tea. Without the permission of the plaintiff, Jiaduobao (China) Beverage Co., Ltd. began to produce and sell herbal tea labeled “Jiaduobao” in June 2012. The herbal tea packaging pattern and arrangement are not the same as the overall visual effect of “Wanglaoji” herbal tea. The substantial difference is enough to cause the relevant public to misunderstand the source of the goods.
The plaintiff believed that the huge goodwill carried by “Wanglaoji” herbal tea and its unique packaging and decoration had suffered huge damage due to the defendant’s continued unfair competition, so it sued for an order to order the defendant to stop The defendant was ordered to issue a statement on CCTV and other media and on its official website to clarify the facts and eliminate the impact.
It is understood that there are 6 Jiaduobao companies, including Guangdong Jiaduobao Beverage and Food Co., Ltd., Jiaduobao (China) Beverage Co., Ltd., and Zhejiang Jiaduobao Beverage Co., Ltd. , Fujian Jiaduobao Beverage Co., Ltd., Wuhan Jiaduobao Beverage Co., Ltd., Hangzhou Jiaduobao Beverage Co., Ltd. Jiaduobao (China) Beverage Co., Ltd., the defendant today, is one of these companies. [600D Oxford cloth]
Defendant: He did not infringe the rights
Defendant Jiaduobao The company believes that the plaintiff’s claims lack factual and legal basis and should be dismissed.
The defendant stated that the well-known product claimed by the plaintiff was called Wanglaoji Herbal Tea, but according to the defendant’s knowledge, before the end of 2011, the only red can product on the market was that of Jiaduobao Company Regarding the herbal tea products produced, “the plaintiff and its affiliated companies have admitted in multiple case trials that the red canned herbal tea produced by it and the herbal tea produced by the defendant are different products.”
” Based on this, it can be clearly shown that the well-known products claimed by the plaintiff are not produced by the plaintiff and its affiliated companies. Therefore, the plaintiff’s claim should be directly dismissed,” said the defendant’s attorney.
The defendant claimed that the recognition of well-known products in current law is not conditional on the trademark being famous and well-known. Trademark rights and decoration rights are two independent rights and do not have to be used in combination. The rights claimed by the plaintiff are based on its trademark rights and have nothing to do with the decoration rights in this case. Our company’s use of red can products is reasonable and legal, and there is no infringement. “The plaintiff did not prove that the defendant’s use of the red can product caused any loss to it, nor did it explain how the loss was calculated.”
The defendant believed that there was no infringement of the plaintiff’s trademark rights, and no The plaintiff’s trademark was borrowed for commercial promotion and profit, and the plaintiff should not be paid compensation and apologized in the newspaper.
The defendant’s request to suspend the trial was rejected by the court
The defendant proposed that this case should be compared with the two previous cases of the Guangzhou Intermediate People’s Court. Based on the outcome of the case, which was previously known as the “Red Can Dispute”, two cases have been appealed to the Supreme Court. The case is still under trial. The defendant believes that the trial of this case should be suspended today.
Regarding the defendant’s question that the trial of this case should be suspended, the judge stated that the original defendant had been informed before the trial whether to suspend the trial. Today’s court hearing reiterated that the collegial panel stated after deliberation that the case did not fall under the law. The defendant’s request to suspend the trial was inconsistent with the law.
As of press time, the trial was still ongoing. [300D Oxford cloth]
Relevant judgments
“Red Can Dispute” first trial Wang Lao���Won the lawsuit
Three years ago, Wanglaoji sued Guangdong Jiaduobao Beverage and Food Co., Ltd. for infringing on the unique packaging and decoration of its well-known products. This is what the industry calls the “red can dispute” The first packaging and decoration case in China, the claim amount was 150 million yuan.
On December 19, 2014, the Guangdong Provincial High Court found in the first instance that the outer packaging of Jiaduobao herbal tea constituted infringement and that the ownership of the red can of herbal tea belongs to Wonglaoji. It ordered Jiaduobao to compensate Wonglaoji 150 million yuan. Economic losses and reasonable rights protection expenses were more than 260,000 yuan. Both companies appealed to the Supreme Court.
In June this year, the Supreme People’s Court held a hearing on this case, but there has been no ruling on the case yet.
In June this year, Wanglaoji announced that Guangdong Jiaduobao was only one of the six independently operating Jiaduobao companies, and that there were currently a large number of Jiaduobao red cans on the market that were infringing The products are produced by 5 other companies.
Wonglaoji said that in order to make up for the losses caused to the Wonglaoji brand by the use of red cans by these five Jiaduobao companies, Wonglaoji will The company filed suit. [420D Oxford cloth]
Suzhou Oxford cloth manufacturer: www.wcxfz.com
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