Recently, Shanghai Minhang Court concluded a dispute on infringement of the "Moutai" registered trademark rights. Coincidentally, in April this year, a liquor company in Chengdu, Sichuan province, was accused of infringing on the "Moutai" trademark.
Kweichow Moutai Liquor Co., Ltd. filed a lawsuit against a Shanghai trade partnership for using "Moutai" and other trademarks for store decoration and printing business cards without authorization, claiming that it violated its exclusive right to use a registered trademark, was an act of unfair competition, misled the relevant public, and caused economic losses and negative impacts to the plaintiff. Therefore, the lawsuit was filed with the Shanghai Minhang Court, requiring the defendant to immediately dismantle the shop, make a public apology, eliminate the impact for 30 days, and compensate the plaintiff for economic losses.
The Shanghai Minhang Court applied the summary procedure in accordance with the law and held a public hearing on August 8, 2022.
In the trial, the court first concluded the arguments of the two sides through the letter, and after the interpretation of the law, the defendant Shanghai A trading partnership admitted its infringement facts, and said that it would remove the decoration of the infringement shop in a timely manner.
Kweichow Moutai believes that it is the exclusive licensor of trademarks No. 3159141 "Kweichow Moutai" and No. 284519 "Moutai", and the scope of approved use of trademarks is Class 33 - alcoholic beverages.
The defendant, a trading partnership in Shanghai, stated that it thought it was selling "real Maotai wine", so it could print the relevant words "Maotai" on its store signs and business cards to attract customers. Through this lawsuit, it has deeply realized that its trademark infringement has caused damage to the plaintiff and produced adverse social impact, and is willing to pay compensation and negotiate with the plaintiff to solve this trademark infringement incident. And told the court that it should take it as a warning that it will not use other people's registered trademarks without permission in the future alcohol business.
During the trial of the case, the two parties voluntarily reached a mediation presided over by the court, and a trade partnership of the defendant in Shanghai paid compensation to the plaintiff Kweichow Moutai Co., LTD.
In April this year, a liquor operation department in Chengdu was also accused of using the words "Kweichow Moutai" and "Kweichow Moutai Group" on the store door, in-store decoration, including other product shelves, for "infringement of trademark rights disputes."
The court held that the defendant's above behavior was easy to make consumers mistakenly think that it was a Moutai franchised dealer, rather than an ordinary commodity distributor, and should not be identified as a fair use of trademarks.
Therefore, the court finally decided that a liquor management department in Chengdu should immediately stop the infringement and compensate for the corresponding losses.
From the above two cases, it can be seen that even if the alcohol merchants are selling genuine Moutai wine, they cannot use the registered trademarks of Moutai company for commercial activities without official authorization. (Source: Shanghai Legal News Sina Finance)
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