As the first liquor named after the brewing process in the history of our country, Erguotou wine, which is strong and strong, mellow and sweet, has been deeply loved by consumers since its birth. In Beijing, the local specialty "Beijing Erguotou" has become the first choice for many families. However, it should be noted that the origin of the "Beijing Erguotou" purchased by consumers may not be Beijing.
The story starts with two companies
Beijing Red Star Co., LTD. (hereinafter referred to as Red Star Company)
Xianghe Jingyun Brewery (hereinafter referred to as Jingyun Brewery)
In 2018, Red Star found that the outer packaging of wine products produced by Jingyun Distillery and Red Star's No. 4600693 three-dimensional graphic trademark, whether compared from the overall composition or local information, are substantially similar, suspected of constituting trademark infringement. In addition, the Red Star Company also believes that the products of Jingyun Distillery are not produced in Beijing, the actual origin is Langfang, Hebei Province, but the product name "Beijing Erguotou" is marked in a prominent position of the product, the intention is to rely on the popularity of "Beijing Erguotou", which can easily lead the relevant public to mistakenly believe that the accused infringing products are produced in Beijing, and the behavior is false or misleading commercial publicity in nature. Suspected of constituting unfair competition.
In 2020, Red Star Company sued Jingyun Distillery to Beijing Xicheng District People's Court (hereinafter referred to as Xicheng Court), requiring Jingyun Distillery to immediately stop the relevant infringement and unfair competition, and claimed 200,000 yuan.
It is worth noting that the Xicheng Court also believes that Erguotou is the name of a specific brewing process, and Erguotou wine is a generic name for liquor products obtained through the brewing process of Erguotou. However, "Beijing Erguotou" and "Beijing Erguotou Wine" are not common names for Erguotou wine. "Beijing Erguotou Wine" is short for Erguotou wine, which is a local specialty of Beijing, and contains the specific quality connotation of Erguotou wine based on the specific geographical area of Beijing. In the packaging of the goods involved in the Jingyun Distillery, the eye-catching "Beijing" text is added before the "Erguotou wine", which has the pointing significance of the clear origin of the wine, and plays the role of identifying the source of the goods to a certain extent, constituting commercial use. The consequences of its behavior not only easily lead to the relevant public to misidentify the origin and quality of the products involved in Jingyun Distillery, but also to a certain extent have an improper impact on the production and operation of Erguotou wine in Beijing region, including Red Star Company. Jingyun Distillery misled consumers with the false publicity behavior involved in the case, in an attempt to increase potential trading opportunities. To obtain improper business benefits, the false publicity behavior of Jingyun Brewery belongs to our country Anti-unfair competition lawRegulation of unfair competition.
The case has a clear "forged origin" nature
Acts of unfair competition are generally reflected in the trademark and commodity name, packaging, decoration, etc., unauthorized use of the same or similar logo with others have a certain influence on the name of the commodity, packaging, decoration, etc., causing people to be mistaken for other people's goods or have a specific connection with others. However, in judicial practice, the definition of whether the act of falsifying origin constitutes unfair competition is not clear. The case regards "forged origin" as false propaganda and includes it in the category of unfair competition, which has positive significance for regulating the market, promoting healthy competition and protecting the rights and interests of consumers.
This is a credible reminder The unique name, packaging and decoration of well-known goods are protected by law, and their appearance style is often registered as a three-dimensional trademark, and unauthorized imitation will be suspected of infringement. Relevant business operators shall, in their production and business activities, abide by the principles of voluntariness, equality, fairness and good faith, and abide by laws and business ethics. (Source: Trademark Knowledge Circle)
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