With the opening of the World Cup in Qatar, watching the World Cup has become the hottest topic nowadays. How comfortable it is to have a drink while watching the game.
Jagger liqueur
Those who love to drink while watching the ball must be familiar with "Jagger" wine. "Jagermeister" is a liqueur brand from Germany, also known as "sacred deer", which is loved by the younger generation. With the popularity of "Jager" wine, there is a short video platform called "Jager Hagurez" strawberry cream liqueur fire, because the name also has "Jager", it is called "pink Jager".
So, are "Pink Jags" and "Jags" a family?
Recently, the Beijing Intellectual Property Court concluded a case concerning "Jager" trademark infringement and unfair competition. After trial, the court ordered the three defendants, Shenglola (Qingdao) Wine Co., LTD. (referred to as Shenglola Company), Hefei Puyuan Trading Co., LTD. (referred to as Puyuan Company), and Sing Mou to immediately stop trademark infringement and unfair competition, and publish a statement to eliminate the impact. And compensate the plaintiff Master Zagamist European Company (referred to as Master Company) economic losses, punitive damages, reasonable expenses of more than 10 million yuan.
Right Trademark No. G795174
Right Trademark No. G1291858
The plaintiff, Master Company, sued that it was the registrant of trademarks such as "JAGERMEISTER", "Jagermeister", "Trademark No. G795174" and "Trademark No. G1291858" and sold "Jagermeister" liqueur in China as early as 2003.
Plaintiff "Jagger" liqueur
The defendant "Jaghagurez" liqueur
The defendant's "six-pack"
Trademark No. 31027236 "Jaghagurez"
The plaintiff found that the defendant Santa Lola Company used the logos "Jaghagurez", "deer head graphics" and "YEGO HUNTER" on the labels and caps of the liqueur bottles produced and sold by it, and used the trademarks "Jaghagurez", "Jagger" and "Jagger Hunter" on its official website, which infringed the plaintiff's exclusive right to use registered trademarks. The defendant Santa Lola Company used packaging and decoration the same or similar to the plaintiff has a certain influence, using the name of "German JAG Saint Deer Group Co., LTD.", people mistakenly believe that the accused infringing products are the plaintiff's products or there is a specific connection with the plaintiff, constituting unfair competition. The three defendants argued that the trademark they used was their own registered trademark, that is, the trademark No. 31027236 registered by defendant Sing, which did not violate the plaintiff's trademark rights.
Screenshot of official website of Santa Lola Company
Since the case involved a lot of rights basis and disputed facts, the Beijing Intellectual Property Court innovatively introduced a mind map in the judgment to clarify the legal relationship between the case facts and the dispute.
The Beijing Intellectual Property Court held that:
1. The defendant's conduct infringes the plaintiff's well-known trademark rights. The plaintiff's "Jager" trademark is well known to the relevant public in China on liqueur products and has constituted a well-known trademark. As the person in charge of the wine company, the defendant sang a certain trademark should know the plaintiff's trademark, but in the plaintiff's trademark "Jager" well-known liqueur products and other similar goods to apply for the "Jager Hagurez" trademark, the intention of adhering to the plaintiff's brand is very obvious. Therefore, the three defendants' use of "Jaghagurez" trademark constitutes an infringement of the plaintiff's well-known trademark rights.
Second, the defendant's conduct also infringes the plaintiff's exclusive right to use other registered trademarks. The "Jaghagurez" liqueur products accused of infringement belong to the same or similar goods as those approved for use by the seven rights trademarks claimed by the plaintiff. The defendant's use of "Jagger HUNTER", "Jagger Hunter", "YEGO HUNTER", "YEGE" and other marks on the liqueur products constitutes a similar trademark to the plaintiff's prior registered rights trademarks. Therefore, the three defendants' use of the above marks on commodities, packaging, official websites and various network platforms constitutes an infringement of the plaintiff's exclusive right to use the registered trademark.
Screenshot of the Jingdong store of the Portuguese Garden Company
Third, the acts of Santa Lola Company and Portuguese Garden Company respectively constitute acts of unfair competition such as confusion and false publicity.
In view of the fact that Santa Lola Company and Sing Mou did not reply after receiving the plaintiff's warning letter and continued to implement the infringement act involved in the case, and the two defendants had previously been judged to bear legal liability for trademark infringement, so the actions of the two defendants constitute serious intentional infringement. The court supported the plaintiff's claim that punitive damages should be applied to the two defendants. Source: Intellectual Property Beijing Author: Tang Lei
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