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Friends who love To eat Sichuan cuisine may always have a can of "Pixian Watercress" at home, but when you buy it in the supermarket, do you carefully check the trademark? On April 20, among the top ten typical cases of judicial protection of intellectual property rights in Sichuan courts in 2020 released by the Sichuan Higher People's Court, there was one trademark infringement case. "Ganxian Douban" was found to be infringing and should bear the liability for compensation.
On April 21, 2000, pidu food association obtained registration on the 30th class of "douban" goods for the word trademark of "Pixian Douban". On April 24, 2009, the Trademark Office of the State Administration for Industry and Commerce identified the use of "the registered trademark 'Pixian Douban' on The 30th Class of Douban goods as a well-known trademark". On December 31, 2015, the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China awarded "Pixian Douban" the title of Geographical Indication Protection Product of the People's Republic of China.
Pidu Food Association entrusted others to publicize the "Pixian Douban" through television, the Internet, etc. Qiaoshufang, a local enterprise, manufactures and sells it together with Konka Pickle Factory, or is manufactured and sold separately by Konka Pickle Factory, selling "Ganxian Douban", which is very similar to the "Pixian Douban" trademark, and selling it in Shandong, Hebei, Jiangsu and other places, and one of the infringing goods is sold by the store located in the "Lao Menggan Goods Store" in the retail area of tianyinshan Farmers' Market in Jiangning District, Nanjing, Jiangsu Province.
The People's Court of Pidu District of Chengdu City ordered Qiaoshufang Company and Konka Pickle Factory to stop the infringement, publish a statement in the media and eliminate the impact, And Konka Pickle Factory compensated pidu Food Association for economic losses and reasonable expenses totaling 330,000 yuan, and Qiaoshufang Company was jointly and severally liable for part of its participation in the infringement within the range of 250,000 yuan.
According to reports, on September 14, 2020, China and the EU officially signed the Agreement on The Protection and Cooperation of Geographical Indications between the Government of the People's Republic of China and the European Union, and on March 1 this year, the agreement officially entered into force. As the first batch of 100 well-known geographical indications in China, "Pixian Douban" received EU protection immediately after the agreement came into force.
The judge interpreted that in this case, the local enterprise Qiaoshufang Company, without the authorization to use the "Pixian Douban" trademark, transferred the infringement to a hidden corner of the province, fabricated a non-existent "Yanxian" to cover its infringing behavior, and sold the alleged infringing goods to all parts of the country. The infringer's failure to make a substantial contribution to the formation of the property value of the geographical indication and the improper seizure of the market of producers in the region by improper means is an infringement on the interests of the authorized enterprises in the region.
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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=)