Cover news reporter Song Xiao
The standard Pixian douban of hui pot meat has also encountered a "famous brand"? On April 27, this reporter learned from the Chengdu Intermediate People's Court about a trademark infringement dispute between the Chengdu Pidu District Food Industry Association and Pixian Qiaoshufang Commercial and Trade Co., Ltd. and Pingxiang County Konka Pickle Factory.
The case began because a company in Pidu District changed Pixian Douban to Ganxian Douban without permission, infringing the original trademark right, and was also selected as one of the top ten typical cases of judicial protection of intellectual property rights in chengdu courts in 2020.
On April 21, 2000, Pidu Food Association obtained registration of the "picture" text trademark on the 30th class "Douban" goods, the trademark registration number was No. 1388982, Pixian Douban was awarded a number of honorary titles, on April 24, 2009, the Trademark Office of the State Administration for Industry and Commerce identified the "'Pixian Douban' registered trademark used on the 30th class of Douban goods as a well-known trademark", December 31, 2015, Pixian Douban was awarded the title of Geographical Indication Protection Product of the People's Republic of China by the General Administration of Quality Supervision, Quarantine and Epidemic of the People's Republic of China.
Local enterprise Pixian Qiaoshufang Trading Co., Ltd. (hereinafter referred to as Qiaoshufang Company) and Pingxiang County Konka Pickle Factory (hereinafter referred to as) Konka Pickle Factory, or cooperate to produce and sell together, or by Konka Pickle Factory separately, will be very similar to the Pixian Douban trademark, Ganxian Douban sold to the east, Hebei, Jiangsu and other places.
After trial, the Pidu District People's Court of Chengdu Held that pidu food association is the trademark owner of the trademark involved in the case, and its legitimate rights and interests should be protected. The acts of Konka Pickle Factory and Qiaoshufang Company not only contradicted the nature of the proof of the trademarks involved in the case, but also easily led to confusion among the relevant public, constituting trademark infringement. The judgment was made that Qiaoshufang Company, Konka Pickle Factory, and Lao Menggan Goods Store stop the infringing acts, and that Qiaoshufang Company and Konka Pickle Factory published a statement in a media in Chengdu to eliminate the impact, comprehensively considering that "Pixian Douban" had been rated as a well-known trademark and had a high reputation through the media promotion and publicity, the nature of the infringing act, the duration, the scale of operation, and the reasonable rights protection expenses incurred by the Food Association to stop the infringement, and determined that the Konka Pickle Factory compensated the Food Association for economic losses and reasonable expenses totaling 330,000 yuan, Qiaoshufang Company was jointly and severally liable for part of its participation in the infringement within the range of RMB250,000.
The court held that the case was a typical "name list" and "free rider" infringement case. Pixian Douban is a well-known trademark brand in Sichuan and enjoys a high degree of popularity. In this case, the local enterprise Qiaoshufang Company transferred the infringement to a hidden corner of other provinces without the authorization to use the Pixian Douban trademark, imagining that there was no "Yan County" that did not exist, and sold the infringing goods to all parts of the country.
Through the trial of the case, the court promptly stopped the infringing products from entering the circulation basin from the source; required the defendant to issue a statement to eliminate the impact of the incident, which helped to prompt consumers to avoid buying similar high-imitation goods and effectively prevent such incidents; imposed high penalties on the infringers, protected the legitimate rights and interests of well-known trademark enterprises, and maintained the market order of fair competition.
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![A grass carp was made in the middle of the boiled fish, and the rest of the head and tail were eaten with Pixian watercress, which tasted very good[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)