Dongfang.com reporter Liu Li reported on December 25 that two Jiangxi companies were accused of selling high-imitation "Budweiser beer".
This morning (December 25), the Shanghai Pudong New District People's Court issued a first-instance judgment on the trademark infringement and unfair competition dispute. Two Jiangxi enterprises were sentenced to compensate for economic losses and a reasonable cost of 3.2 million yuan.
The plaintiff Budweiser (China) Sales Co., Ltd. claims that it has been authorized to use the registered trademarks Nos. 18960795, 1221628, and? 1711371 ?. The plaintiff found that the baiwanbeer canned beer sold by the defendant's food store was manufactured by Ganzhou Baihui Wine Co., Ltd. and produced by Jiangxi Blue Tenderness Beer Co., Ltd., and was authorized by American Budweiser (Jiangxi) Group Co., Ltd. Typeface. The plaintiff believed that the overall decoration elements of the infringed product infringed the exclusive right of the registered trademark of the plaintiff No. 18960795; the prominent use of the words on the tank violated the exclusive right of the plaintiff's registered trademark of 1221628; the words "Baiwanbeer" on the front and side of the tank violated Plaintiff No. 1711371 registered trademark exclusive right.
The plaintiff asserted that, since Budweiser entered China in 1995, it has enjoyed a high reputation nationwide; the overall decoration of the product has distinctive features; and the company name has a high reputation nationwide. The practices of the aforementioned manufacturers and producers have constituted trademark infringement and unfair competition. The plaintiff therefore requested the defendant Blue Tenderness Company and Baihui Company to stop infringement, compensate for economic losses of 3.5 million yuan, reasonable expenses of 800,000 yuan, eliminate the impact, and the defendant's food store immediately stopped selling the infringing products in the case.
Blue tenderness company argued that the infringing beer stock solution was provided by Baihui Company, and Blue tenderness company only filled beer, which is the producer of the product and should not bear civil liability, even if it constitutes infringement, the plaintiff asked the two defendants to bear The legal basis for joint liability is insufficient.
The defendant Baihui Company argued that the company was only the producer of the original liquid of the infringed product, and that the trademark, packaging and decoration and unfair competition behavior of the infringed product had nothing to do with the company and should not bear civil liability for trademark infringement and unfair competition. The defendant's food store did not reply.
After the overall comparison and the comparison of the main parts, the Pudong Court held that the infringed logo and the trademark No. 18960795 involved in the case are similar in terms of structure, color matching, elements, composition and so on. In addition, the plaintiff trademark No. 18960795 involved in the case has a high Intrinsic significance. After the plaintiff's long-term use, it has gained high popularity. In the case of isolated observation, when the relevant public pays general attention, it is difficult to detect the slight difference between the two, which is enough to cause consumer confusion. The court therefore held that , The logo on the front of the tank of the infringed product infringed the exclusive right of the registered trademark No. 18960795 of the plaintiff.
The court held that the "Baiwanbeer" used on the infringing product infringed the exclusive right to use the registered trademark No. 1711371 in the case, which constituted similarities and easily led to confusion by the relevant public and constituted trademark infringement. The infringement on the back of the tank of the product, "authorized by Budweiser Beer (Jiangxi) Group Co., Ltd." in white font, does not prominently use the word "Budweiser", which does not constitute trademark infringement, but constitutes impropriety to the plaintiff competition.
Upon investigation, there was no evidence that the outsider of the case, Budweiser Brewery (Jiangxi) Group Co., Ltd., participated in or engaged in the production or sale of the alleged infringing product. The alleged infringing product is indicated to be produced by Blue Rouqing Company and manufactured by Baihui Company, both of which reflect their company name, trademark and other marks on the product, and can be identified as the manufacturer or producer of the product. The plaintiff asserted that the two jointly implemented the production of the infringing product involved in the case, which was confirmed by the court.
Due to the plaintiff's loss, the defendant's profit, and the license fees of the trademark involved, the Shanghai Pudong Court has fully considered the plaintiff's Budweiser brand beer, the trademark involved, and the decoration in the case. Rouqing Company and Baihui Company immediately stopped the infringements involved in the case, compensated for economic losses and reasonable expenses of 3.2 million yuan, published a statement to eliminate the impact, the defendant's food store stopped selling the infringing products involved in the case, and rejected the remaining plaintiffs' claims.