Yancheng Binhai County Market Supervision and Administration Bureau received from Jiangsu Zhenzhou Wudaijiu Industry Co., Ltd. (hereinafter referred to as Wudaijiu Industry) on September 10, 2020 ) It is reported that the”Guorun Baishun” liquor produced and sold by Jiangsu Guorun Liquor Industry Co., Ltd. (hereinafter referred to as Guorun Liquor) is similar to the”Wu Di Baishun” liquor produced by the company in trademark, packaging, and decoration, which is likely to cause Confusion by consumers constitutes unfair competition.
Binhai County Market Supervision Bureau inspected Jiangsu Guorun Liquor Industry Co., Ltd. in accordance with the law on September 15, 2020, and no reports of Wuzhijiu Liquor Industry were found during the inspection”Guorun Baishun” liquor. However, Guorun Liquor Industry admitted that it had produced and sold a batch of 1,000 bottles of”Guorun Baishun” liquor, provided the payment voucher for customized bottles and the inspection report of the batch of”Guorun Baishun” liquor, and provided”Guorun Baishun” liquor.”Baishun” trademark registration application acceptance notice, and”Guorun Baishun” liquor packaging work registration certificate. During the investigation, Guorun Liquor Industry changed the color, shape, and bottle shape of the liquor packaging box to make the packaging and decoration of”Guorun Baishun” liquor differ significantly from that of”Wutai Baishun” liquor.
Guorun Liquor Industry’s”Guorun Baishun” trademark font is highly similar to the”Wutai Baishun” trademark logo font, and”Guorun Baishun””The color, shape, and bottle shape of the white wine product packaging box are highly similar to the”Wu Dai Baishun” liquor. It has the improper purpose of attaching to the good reputation of the Wuli Baishun liquor industry, which is likely to lead to related Misunderstanding by the public constitutes unfair competition. The Binhai County Market Supervision Bureau ordered Guorun Liquor Industry to rectify the packaging and decoration of”Guorun Baishun” liquor.
During the processing of this case, the Binhai County Market Supervision Administration interviewed all shareholders of Guorun Liquor Company to remind the regulation of related unfair competition behaviors, which played a good role. The social and legal effects of The Wulijiu Liquor Industry is able to detect infringements in the market in time, seek help from the administrative protection of intellectual property rights, and has a strong awareness of active self-protection, which is worth learning from other right holders.
At the same time, the case reminds that the majority of business operators should follow the principles of voluntariness, equality, fairness, and integrity in production and business activities, abide by laws and business ethics, and should not pass Climbing on the goodwill of others to seek unfair competitive benefits.
In the course of business operations, some operators do not use innovation, product quality improvement and legal marketing to improve market competitiveness and product reputation, but try The “car” is “by the famous brand” method, and it tries to evade responsibility by applying for design patents, copyright registration, etc., and obtain the so-called legal qualifications. In fact, this kind of opportunistic behavior violates the basic principles of good faith and business ethics and violates the”Trademark The Law, the Anti-Unfair Competition Law, and other laws and regulations that protect honesty and trustworthiness and the prior rights of others, prohibit malicious cybersquatting and prohibit confusion, etc. cannot be recognized by the law, nor can they avoid corresponding legal responsibilities.
Text and image feed:Yancheng City Market Supervision Administration Intellectual Property Protection Division