Nike sues BAPE for trademark infringement, asks the court for an injunction!
American sportswear giant Nike filed a trademark infringement lawsuit against Japanese fashion brand A Bathing Ape (commonly known as BAPE, known as "ape head" in China, also known as "Anyi Ape"). Nike said BAPE's current footwear business has been mimicking Nike's iconic design.
According to the indictment, Nike alleges that BAPE's footwear business has been mimicking Nike's iconic designs, with some shoes being almost entirely replicas of Nike's Air Force 1, Air Jordan 1 and Dunk shoes.
BAPE is a famous street fashion brand born in Harajuku, Japan, founded in 1993 and acquired by a Hong Kong fashion company.
Nike said BAPE began selling the first infringing footwear product in the United States in 2005. Initially, its infringements were sporadic. But starting in 2021, BAPE significantly increased the number and scope of infringements.
Nike says it has been unable to accept BAPE's infringements, but given that BAPE's recent abuses have become a significant threat to Nike, Nike must start taking action against them.
The lawsuit alleges that BAPE's design will cause confusion among potential consumers, who already refer to BAPE's shoes as "Air Force 1s" and "Dunks."
Nike asked the court to order BAPE to stop selling infringing footwear products and to demand compensation from BAPE.
Source: Intellectual Property Scholar
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The storm is back! "Manjiang Red" was removed from the shelves less than a day after it was launched?!
Who would have thought that at the beginning of 2023, popular film and television dramas would become the strongest king in one fell swoop.
As the official licensor of "The Wandering Earth 2", in addition to launching a series of peripherals such as key chains, mugs, canvas bags, etc., Saifan Sci-Fi Space has also opened crowdfunding for the same prop model of the movie. It is reported that the crowdfunding amount of the prop model has exceeded 120 million yuan, which is more than 1,200 times the original target amount.
On February 14, "Around Manjiang Hong" appeared on Weibo hot search. Different from the hot pomp and circumstance around "The Wandering Earth 2", the surrounding area of "Manjiang Red" was scolded on the hot search.
The surrounding area of "Manjiang Red" was quickly removed
On the evening of February 13, a crowdfunding website launched a crowdfunding project around the movie "Manjiang Red", in which the prime minister's token and the royal gold medal caused controversy.
Some netizens felt that this was "around Qin Juniper", and it was easily reminiscent of the twelve gold medals that recalled Yue Fei.
It is reported that on the evening of February 13, a crowdfunding website released a "movie "Manjiang Red" officially authorized peripheral derivatives" project, and soon some netizens discovered the inappropriateness.
The reporter saw that this crowdfunding project includes a co-branded limited edition trend motive A model, a limited edition trend print, a "red cherry" creative hourglass, a "tricky blade" flash disk and a "Ling" brand aromatherapy diffuser stone, of which the "Ling" brand aromatherapy diffuser stone is based on the token used by the protagonist Zhang Da in the movie to make at a 1:1 scale, but it has the words "Prime Minister General Order, Whole Army Raised" written on it, in the film is also a token personally given by Qin Hui to Zhang Da to investigate the case, some netizens questioned: "This is selling Qin Juniper around?" ”
And the name of "Ling" brand aromatherapy diffuser stone "Yaoqin Xiang" and "Qingmei Xiang" are the names of the two maids in the film, in the product diagram of the producer, "Ling" brand aromatherapy can be used as a pendant in the car, some netizens think: "Use Qin Juniper token as a pendant, don't you feel obscure?" In addition, the "Red Cherry" creative hourglass designed with Chinese courtyard elements in the movie scene is also considered by netizens to be reminiscent of the "Storm Pavilion".
The initiator said that the crowdfunding cycle of the project is 30 days, and the target amount is 100,000 yuan.
According to reports, the project was approved in October 2022, completed all product design and modeling in December, opened the mold in February this year, began production in March, and is expected to ship the first batch of products in May, and crowdfunding will unlock giveaways when it reaches a certain amount, of which the giveaway of 600,000 yuan is the royal token card pack, and this product also attracts doubts, because in the movie "Manjiang Hong", this royal token is held by Wu Yichun, deputy head of the prime minister's office in the film, and once took it out to shock everyone, Its golden appearance also reminded netizens of Song Gaozong's recall of Yue Fei's twelve gold medals.
It is reported that this crowdfunding product is a Beijing trend culture company and the movie "Manjiang Red" cross-border creation, according to the company's public account, the company's co-founder, designer Terracotta Tree has been engaged in film graphic design for many years, participated in the production of graphic materials for many films, at the end of 2017 transformation began to create toy characters, once launched Umasou! , Major Brain, Miko, Yay and many other trendy toys.
On the afternoon of the 14th, the design and production Fangtanutou Trend (Beijing) Culture Co., Ltd. announced that "due to the deviation between the original intention of product design and creativity and the understanding of some netizens", it decided to remove the event. Previously, the relevant person in charge of the company said, "Product design and inspiration are based on some props and elements of the movie itself, not what everyone thinks." ”
The box office of "Manjiang Hong" has exceeded 4.3 billion yuan
Since its release during the Spring Festival, the box office of "Manjiang Hong" has been rising. As of the evening of February 14, the box office of "Manjiang Hong" has exceeded 4.3 billion yuan, becoming the highest-grossing film directed by Zhang Yimou, and also exceeding the box office estimates of most industry insiders.
Lighthouse data shows that "Manjiang Red" has squeezed into the 7th place in the total box office list of Chinese movies. "Manjiang Hong" is also the highest-grossing film in China since September 2021.
According to the previous announcement of Light Media, when the box office of "Manjiang Red" was 2.9 billion yuan, the company's operating income from the film was 63 million yuan to 70 million yuan. Now that the box office of "Manjiang Hong" has exceeded 4.3 billion yuan, Light Media's revenue from the film may continue to rise.
As of the evening of February 14, the box office of "The Wandering Earth 2" reached 3.73 billion yuan, ranking tenth in the total box office list of Chinese films.
Previously, when the box office of "The Wandering Earth 2" approached 2.6 billion yuan, Huayi Brothers announced that the revenue range from the film was 4.84 million yuan to 6.29 million yuan; Huace Film and Television announced that the revenue range from the film is 10 million yuan to 13 million yuan. As the box office of "The Wandering Earth 2" continues to grow, the revenue from the film from the two companies is also expected to continue to grow.
The crowdfunding around "The Wandering Earth 2" exceeded 100 million
"The Wandering Earth 2" The hot sale of peripheral derivatives has put it on the hot search again.
It is reported that the crowdfunding project of the official peripheral product licensor of "The Wandering Earth 2" has raised a total of more than 120 million yuan, which can be described as the fastest derivative product in the industry to complete the sale of "a small goal".
But looking at the crowdfunding target amount, it is only 100,000 yuan, and the final amount raised is more than 1,000 times the target amount.
It can be simply understood that Saifan Sci-Fi Space, which obtained the IP development authorization of "The Wandering Earth 2", originally only wanted to do a small business around the movie for 100,000 yuan, but all fans and consumers gave them an order of 100 million yuan.
The peripheral of "The Wandering Earth 2" this time is three movie prop models with heavy industry temperament: mechanical dog stupid, artificial intelligence MOSS, and digital life card U disk.
The first two models have assembled version and finished version for consumers to choose, and the U disk has both high value and practicality.
If nothing else, these three heavy industry models are full of appearance alone, which matches the sci-fi nature of "The Wandering Earth 2", and they are also distinctive and eye-catching in a group of doll figures.
Going deeper, these three models open up the future and the present, extending the props in the sci-fi world to the real world, and the feeling of holding it in your hand is dreamy.
Unauthorized use of film and television dramas may be infringing!
The popularity of the peripheral product market has also made many merchants join in, wanting to take advantage of the popularity of film and television dramas to get a piece of the pie. However, the peripheral products of film and television works are not something you can sell if you want to. If you are not careful, you will fall into infringement disputes.
Let's take a look at a case~
In the field of film and television dramas, there is a youth inspirational romance drama "Dear, Love" that is highly sought after by the audience. As soon as the show was broadcast, related peripheral products began to sell.
During the show's hit, a garment factory in Huzhou used the drama elements on a large scale in its Alibaba stores to design, develop, promote and sell the "same" products of the show.
Shanghai Juku Culture Communication Co., Ltd. (hereinafter referred to as Juku Company), as the copyright holder of the film and television works of "Dear, Love", enjoys complete intellectual property rights and related rights and interests in the art image of the characters, Q version image, costume modeling and other content in the play. The company found that the aforementioned behavior of a garment factory in Huzhou was not authorized by it and did not pay any license fees, which infringed its copyright. At the same time, the actions of the garment factory also adversely affected the sales of peripheral products of the company, constituting unfair competition. The company filed a lawsuit, demanding that the garment factory bear tort liability such as stopping the infringement, eliminating the impact, and compensating for losses.
Later, after the court presided over mediation, the two parties reached a mediation agreement, and the garment factory compensated Juku Company 25,000 yuan.
As we all know, excellent works are intellectual achievements that embody the painstaking efforts and wisdom of the author, and the exclusive right to use such as the right of reproduction, distribution, and information network dissemination enjoyed by the right holder is strictly protected by the relevant laws and regulations of copyright. Without the legal authorization of the right holder, no enterprise or individual can use it without authorization, otherwise it shall bear legal liabilities such as stopping infringement and compensating for economic losses. Therefore, although the surrounding areas of film and television dramas are fragrant, they cannot be sold without authorization, so as not to cause unnecessary disputes.
Article source: Fine Soft Intellectual Property Comprehensive Red Star News, First Episode, Music Has Something to Say, Creative Society
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Follow the trend of registration hot trademarks are rejected? See what professional agents say
Some time ago, Master Ma, who became popular with "five consecutive whips", became popular on the Internet.
A large wave of trademark registrations followed, such as "rat tail juice" and "lightning five consecutive whips", if nothing else, there is no certificate. And Teacher Ma posted an article "far from the circle of right and wrong in martial arts" after half a year.
Teacher Ma Baoguo's achievements over the years are obvious to all. Although the video of the last "generation of grandmasters, two fights, three punches, and four minutes of corpses" is still circulating in the rivers and lakes, it still "threatens to whip five whips and six legs, put together seven pieces, die nine times, and revive the majesty, and still very hard-mouthed." ”
In recent years, the practice of following the trend of registering hot word trademarks has been repeatedly prohibited, and in addition to normal rejections, it has also imposed a batch of fines. It is recommended that when registering a trademark, the applicant should still abide by the principle of legal compliance, and do not focus on rubbing hot spots, otherwise it will be rejected at that time, which is really a bamboo basket!
It is recommended that you contact a professional agency when registering
First, the application for trademark registration is efficient and saves time, and the trademark registration application is a highly professional work.
Second, the registration approval rate is high, and the trademark registration protection strategy is reasonable and perfect, because the applicant himself does not have professional trademark knowledge, any omission in any link of trademark registration will be lost.
Third, cost savings. Although the agency needs to pay a certain agency fee, it is actually the most economical way.
In addition, trademark naming tips
1.Chinese of the recommendation 3-4 words, at present, 2 words are basically registered, unless it is some rare words, otherwise the overall pass rate is not very high, need to be analyzed on a case-by-case basis.
It is not recommended to add some status words at the ending. It is unlikely that this word itself will change the pass rate, so it is not recommended to add such a word.
A word of 3 or 4 words, only the last word is changed, and the sound is the same. This pass rate is not very high.
It is not recommended to add some generic words. Such as pavilions, xuan, buildings, restaurants, technology and so on.
2. English trademarks
At present, the combination of letters within two is basically registered, if you want to register two letters, then it is recommended to design the letters in the form of graphics, completely change the display of the letters, so that the expression of the form has a clear difference, so that the pass rate will generally be high.
If there are three or more English, it is recommended to combine letters that cannot be translated, and if you need to change the letters, it is recommended to change the first few letters to greatly improve the pass rate.
Adding a duplicate letter or S, ES, ER, etc. after the registered name does not change the pass rate in principle. Use with caution!
3. Figurative marks
Because graphics are also reviewed by element, make sure they are original first. The second is to have distinctiveness and personality. It can't be one-size-fits-all.
In the case of graphics, it is recommended to register an additional copyright for the original graphics.
Combination Trademarks Because combination trademarks are reviewed separately for each element. Trademark registration can be graphic, literal, English, or any combination thereof, but the Trademark Office examines it separately, and some of them but the entire trademark.
Source: Trademark Circle
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Texas Grilled Chicken IPO was asked by the China Securities Regulatory Commission 51, under the comprehensive registration system, how can "time-honored brands" meet new challenges?
Shandong Dezhou Chicken Co., Ltd. (hereinafter referred to as "Dezhou Chicken") has made new progress on the road to listing.
Recently, the IPO application of Texas Grilled Chicken received feedback from the China Securities Regulatory Commission, and the regulator raised as many as 51 questions and nearly 20,000 words of feedback. The SFC requires that the questions raised be implemented and replied to each within 30 days, and the review will be terminated if the response is not submitted.
The Texas grilled chicken family is full of color
Dezhou Chicken, formerly known as Dezhou Municipal Company, a Chinese food company, was founded in 1953, established Shandong Dezhou Chicken Group Company in 1998, and rebuilt into a joint-stock enterprise in 1999. In August 2010, 110 promoters including Chicken Grill Group, Cui Guihai and Jiao Linjie signed the "Promoter Agreement of Shandong Dezhou Chicken Grilled Chicken Co., Ltd." to jointly initiate the establishment of Dezhou Grilled Chicken.
At the time of its inception, Chicken Group, Cui Guihai, Jiao Linjie, etc. were the top three shareholders of Texas Chicken. Among them, the proportion of steak chicken group is as high as 51%.
In the years that followed, Texas Chicken had 15 share transfers in the formation and change of share capital. Among them, in a share transfer in June 2012, Chicken Group transferred 40.8 million shares of the company to 39 natural persons including Cui Guihai and Wang Xueyi at a transfer price of 1 yuan per share.
Not long after that, in October and November 2012, in the fourth and fifth share transfers of Texas Chicken, the transfer price of most natural person shareholders was 4.6 yuan per share. A month later, when Tiantu Investment transferred the equity, the equity transfer price reached 8.75 yuan per share.
In fact, Texas Chicken is a typical "family business" so far.
At present, Dezhou Grilled Chicken is mainly engaged in the research and development, production and sales of marinated foods mainly based on grilled chicken products and supplemented by other meat cooked foods, and the operation of food supermarkets in Dezhou City, Shandong Province; The main products are high-quality marinated products such as grilled chicken and meat delicatessen, supplemented by leisure marinated products such as chicken feet, chicken wings and chicken gizzard.
Texas Grilled Chicken has been embroiled in trademark disputes many times
In July last year, Texas Grilled Chicken submitted a prospectus to the China Securities Regulatory Commission to list on the main board of the Shanghai Stock Market. The IPO intends to raise about 758 million yuan for the new food processing project, quick-frozen grilled chicken production line construction project, marketing network and brand upgrade construction project of Dezhou Grilled Chicken (Suzhou) Co., Ltd.
Recently, the IPO application of Texas Grilled Chicken received feedback from the China Securities Regulatory Commission, and the regulator raised as many as 51 questions and nearly 20,000 words of feedback. According to the feedback, there are many problems in the standardization and information disclosure of Texas Grilled Chicken in this listing, involving corporate restructuring and asset transfer, historical compliance, as well as intellectual property rights and intra-industry competition.
In terms of intellectual property rights, Texas Chicken has been embroiled in trademark disputes many times. From 2018 to June 2022, the number of trademark disputes over Texas Chicken has reached 11. The point of dispute is that according to Article 10 of the Trademark Law promulgated in 2019, "geographical names of administrative regions above the county level cannot be used as trademarks, but the rights to previously registered trademarks of the relevant subjects are still retained in accordance with the principle of delimitation of the old and new", so the infringing enterprises all determined that "Texas Grilled Chicken" was a conventional name and was not unique to the Texas Grilled Chicken family.
However, due to the early registration time, the trademark of Texas Grilled Chicken is protected by law, so similar lawsuits basically end in the victory of Texas Grilled Chicken.
In the trademark dispute between Dezhou Chicken Company and Dezhou Dexiangzhai Chicken Food Co., Ltd., the latter was accused of trademark infringement, and Dezhou Dexiangzhai Chicken Food Co., Ltd. claimed that Texas was a place name and "Texas Grilled Chicken" was a conventional generic name. However, after the second-instance judgment, Dezhou Dexiangzhai Chicken Food Co., Ltd. was still found to have infringed its trademark.
Even if Texas Grilled Chicken can protect its trademark through litigation, it is still difficult to avoid other grilled chicken manufacturers "borrowing the wind". Secondly, for the brand of place name + product model, there is a natural disadvantage, if other enterprises imitate the company's brand and sell inferior goods, it may adversely affect the company's brand image.
In fact, as a century-old brand, Texas Grilled Chicken does not lack market recognition, but if you study the development in recent years, it seems that it is still difficult to get rid of the dilemma of "having categories without brands". At the same time, the weak revenue caused by geographical dependence and relatively single categories is also restricting the further development of Texas chicken.
The bottleneck of main business growth
From the performance point of view, the scale of Texas grilled chicken is small, and the overall needs to be improved.
According to the prospectus, from 2019 to 2021, the operating income of Texas Grilled Chicken was 687 million yuan, 682 million yuan and 720 million yuan, and the net profit attributable to the parent in the same period was 122 million yuan, 95 million yuan and 120 million yuan, respectively.
From 2019 to 2021, the revenue of chicken products of Texas Grilled Chicken was 458 million yuan, 438 million yuan and 478 million yuan, accounting for 66.70%, 64.30% and 66.39% of the main business income, respectively. It can be seen that grilled chicken products are the main source of income for Texas grilled chicken, and sales account for nearly 70% of the company's total revenue.
The high proportion of a single product is one of the problems of Texas chicken, and the geographical dependence on sales is also very obvious.
For a long time, the main sales position of Texas grilled chicken is mainly in East China. During the above reporting period, the revenue of East China was 575 million yuan, 558 million yuan and 578 million yuan, accounting for 83.60%, 81.81% and 80.20% respectively.
In fact, Texas grilled chicken, which intends to disrupt the marinated rivers and lakes, is not in a favorable position in the current white-hot market competition.
In the prospectus, according to Texas Grilled Chicken citing Frost & Sullivan, Prospective Industry Research Institute data, the top three domestic leisure marinated market shares in 2020 are Superb Food, Zhou Black Duck, and Huang Shanghuang, with market shares of 5.39%, 2.11% and 2.07% respectively, and the market share of the three is less than 20%.
Known as the "three giants of marinated flavor", Zhou Black Duck, and Huang Shanghuang are regarded as competitors by Texas Grilled Chicken, but in comparison, Texas Grilled Chicken can be said to be "weak".
How "old brands" meet new challenges
It is worth noting that the Texas Chicken IPO coincides with the tide of comprehensive registration system reform in the mainland securities market. On February 1 this year, the CSRC's official website issued a notice on the transitional period arrangements for relevant administrative licensing matters before and after the full implementation of the stock issuance registration system.
The notice mentioned that the top priority of this reform is the main board of the Shanghai Stock Exchange and the Shenzhen Stock Exchange. After the full implementation of the registration system, the positioning of each sector is clearer, the main board is positioned to highlight the blue-chip characteristics of the large-market market, and clearly focus on supporting high-quality enterprises with mature business models, stable business performance, large scale and representative industries. The issuance and listing conditions of the main board are also more diversified and inclusive, and they are far from the science and technology innovation board and ChiNext board.
As a result, for Texas Grilled Chicken and the "time-honored" companies it represents, the road to listing may add more variables.
Previously, especially in the past two years, time-honored brands rushed to IPO became a "landscape" of A-shares, and in 2021, ChiNext ushered in the "first stock of knife and scissors" Zhang Xiaoquan; Qingdao Food, the manufacturer of "calcium milk biscuits" in the childhood memories of many Shandong people, successfully landed on the main board of the Shenzhen market; In 2022, the main board of Shanghai has ushered in the "first stock of zongzi" Wufangzhai. At the same time, long-established brands such as Xi'an Bingfeng Beverage, Tianjin Tongrentang, Shandong Fupai Ejiao and Dezhou Grilled Chicken have all made IPO efforts. Among them, Texas Grilled Chicken is still in progress, and the IPO process of Tianjin Tongrentang and Xi'an Bingfeng Beverage has been terminated for various reasons.
Industry insiders believe that the advantage of time-honored brands lies in better brand awareness and reputation, but the historical baggage is relatively heavy, and the innovation ability may be lacking. Under the comprehensive registration system, more requirements are put forward for the quality of corporate credit and future growth ability, and truly high-quality time-honored brands will still become the "darlings" of the capital market, but at the same time, those enterprises that lack value growth capabilities will gradually be marginalized.
Article source: Fine Soft Intellectual Property Comprehensive Surging News, Guancheng, Feed Industry Information Network, Meat 360, etc
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