"Although the wine is good, don't be greedy", an advertising slogan, with a fire in a health wine located in Daye, Hubei Province, in the marketing of the product, I have to say that the wine is a master trader, whether it is a well-known advertising slogan, or the noisy "Chinese wine" slogan, have made the wine become the sales champion of the health wine track, but it has repeatedly violated the intellectual property "bottom line"?
Dr. Wan (ip expert at your side):
To establish a well-known brand is to establish a business card called integrity, any opportunism will always be worthy of short-sighted benefits, and the eternal cottage will be replaced by a tomorrow that will never have a future.
Jinjiu has led the way in the health wine track, but in recent years, Jinpai's products have been frequently sued for many infringement lawsuits, such as patent infringement, network dissemination infringement, work reproduction infringement, copyright infringement, etc., and even registered trademarks to take "shortcuts".
It is not advisable to take a "shortcut" to register a trademark
01 "China Jinjiu" failed to pass the trademark review
To say that the biggest feature of Jinjiu is not in the bottle that grasps the sense of square inches, nor in the taste effect, but in the four most eye-catching characters "Chinese Jinjiu", which almost occupies the entire bottle body.
A query on the website of the State Trademark Office found that although "China Jinjiu" applied for a registered trademark since 2005, it was repeatedly rejected by the competent authorities and is still in the state of "refusal and review".
However, in the packaging of Jinjiu, although the standard is the "Jinpai" trademark, in the overall design picture, there is almost no sense of existence, but the four words of "China Jinjiu" are noisy and extremely eye-catching, which largely replaces the function of the brand trademark. Regardless of the style of presentation, it is not appropriate to prefix the product name with the name of the country.
Article 10 of the Trademark Law clearly stipulates: "The following signs shall not be used as trademarks: (1) those identical or similar to the state name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. of the People's Republic of China, as well as the names, signs, names of specific places where the central government organs are located, or the names and graphics of landmark buildings." ”
02 Bump face Moutai? The trademark "Maopu" of Jinjiu was rejected
Previously, Jinpai Company applied for the registration of a "Maopu" trademark, which was rejected by the Trademark Office of the State Intellectual Property Office. The Trademark Office held that the disputed trademarks were similar to the trademarks no. 14817143 "MaoMOU", No. 8951419 "Mao" trademarks and no. 14758358 "Mao" trademarks previously registered under the name of Guizhou Moutai Company.
Article 30 of the Trademark Law stipulates that if a trademark applied for registration does not conform to the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily examined on the same or similar goods or similar goods with others, the Trademark Office shall reject the application and shall not publish it.
Article 31 of the Trademark Law stipulates that where two or more applicants for trademark registration apply for registration with identical or similar trademarks on the same kind of goods or similar goods, they shall preliminarily examine and approve and publish the trademark applied for earlier;
Repeatedly caught in the infringement storm, damaging the brand image
01 Copyright infringement
In November 2021, Ishall (Xiamen) Network Technology Co., Ltd. sued Jinpai Co., Ltd. for copyright infringement and held a trial in the Intermediate Court of Huangshi City, Hubei Province;
In March this year, Maopu Liquor Co., Ltd., a subsidiary of Jinpai Co., Ltd. (99% owned by Jinpai), was sued by Beijing Dongle Audio-Visual Culture Co., Ltd., and Beijing Dongle Yilian sued Maopu Liquor industry for "infringing on the rights of producers of audio and video recordings", "infringing on the right to disseminate information networks of works", and "infringing on the right to reproduce works".
02 Design patent infringement
Recently, Jinpai Co., Ltd. has been involved in another patent infringement dispute, Hubei Doubai Liquor Industry Co., Ltd. (hereinafter referred to as Doubai Liquor Industry) sued Jinpai for patent infringement;
According to relevant media reports, the "50ml pack of 42 degree Dou Bering aromatic liquor" produced by DouBai Liquor Industry obtained patent certificates issued by the State Intellectual Property Office in 2017 and 2019 respectively, and its outer packaging has three patents: wine bottle, bottle bottom groove, and wine order.
The 55ml jinpai ten whole wine and 50ml dou bering wine produced by Jinpai are different except for the difference in the color of the bottle cap and the depth of the groove at the bottom of the bottle, the rest of the structure is the same, and the case has been accepted by the Chengdu Intermediate People's Court.
The "bottom line" of intellectual property rights cannot be trespassed
The mainland did not have a strong concept of intellectual property rights in the chusi stage, and the phenomenon brought about was to copy and copy the fruits of other people's labor at will, so as to obtain benefits that did not belong to them at the lowest cost.
If a company wants to establish a brand recognized by the public, it needs to invest huge financial resources to develop, publicize, and ensure quality, at this time, if there is a large number of infringing similar products on the market, the same logo cottage products will cause a fatal trust crisis for this company.
Therefore, to establish the trust of consumers, on the one hand, we must pay attention to the protection of our own intellectual property rights, on the other hand, we must not usurp the intellectual property rights of others.
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