Biscuit production line

Jiangxi Province was sentenced to two biscuit machine companies tort compensation 200,000

Today, the Jiangxi Provincial Higher People's Court made the final judgment, finds contract "Hericium" biscuit processing Longhai Bao Jia Da Food Co., Ltd. and commissioned the production and sales of the only home (Fujian) Food Co., Ltd., to Jiangxi the therapeutic Ltd. "monkey aunt" Cookie's unique packaging and decoration constitute unfair competition, the only company decision Jiada company related compensation and Po river diet company economic loss of 20 million. biscuit machine

"Hericium" claim kinship

With the river "Regardless monkey" biscuit market increasing visibility of various free-riding behavior continues to occur. Jiang diet company also began a targeted expansion rights to apply for a notary public who buy fake "Regardless monkey" Cookie conduct evidence preservation.

July 30, 2014, the notary and the river diet company staff together to Donghu District, "Jiang Lin fruit grocery" to the average consumer identity purchased the "Hericium" biscuit boxes, pay 80 yuan. The buying behavior of the notary office issued a certificate.

Along the lines of evidence, the river diet company unique touch infringing source company, Bao Jia Da Corporation, Longhai City Food Co., Ltd. dawn.

September 15 the same year, the river diet company filed a lawsuit in the Nanchang Intermediate People's Court by: The only company, Bao Jia Da Corporation, Liming, Tsang Lin (Department of Donghu District Jianglin fruit grocery shop operators, the case allegedly infringing product is sold by Tsang Lin) to immediately stop acts of unfair competition, to stop the production and sale of counterfeit "Regardless monkey" biscuit product-specific name, packaging, decoration of infringing products; the market is now recovering Sales of counterfeit "Regardless monkey" biscuit product-specific name, packaging, decoration of infringing products; immediately destroy all stocks of counterfeit "Regardless monkey" biscuit product-specific name, packaging and decoration of the infringing product packaging; common compensation river the diet company 1 million yuan.

Identified infringement

January 13 this year, Nanchang Intermediate People's Court verdict: Bao Jia Da Corporation, the only company, has 江林立 stop production and sales of counterfeit river diet company "Regardless monkey" unique decorating biscuit products infringing products; Bao Jia Da The company, the only company from the judgment within 15 days of entry into force, joint compensation therapeutic Technology Co., Ltd. in Jiangxi, 200,000 yuan of economic losses.

Jiang diet company refused to accept the appeal to the High Court in Jiangxi Province, said the trial verdict facts are clear, but low economic judgment the amount of compensation of 20 million recognized in the second term, the market is not conducive to building a fair and just economic order, request for revision The only company with Bao Jia Da companies jointly pay compensation for the economic loss of 50 million.

May 7, 2015, in Jiangxi Province High Court case of second instance trial. Jiangxi Province High Court that the company is the only river in the diet company constitute well-known commodity "Regardless monkey" unique decorating biscuit unfair competition, should first confirm whether the river diet company known commodity "Regardless monkey" biscuit composed of well-known commodity. The present case, the river diet company in September 2013 began production and sales of "monkey aunt" biscuit, although the distance the only company producing the allegedly infringing product time is only eight months, but in the meantime, the company invested huge amounts of river diet advertising costs, through the country, more high frequency television advertising on their products, to enable consumers to quickly purchase the goods from identifying and purchase rate rise, but also create a huge amount of sales, sales throughout the country, region wide. Accordingly, the goods shall be deemed to meet the "Supreme People's Court on the trial of civil cases of unfair competition Application of Law in the interpretation" of the first paragraph of the provision of well-known commodity "has a certain reputation in the market in China, the relevant known to the public, "the conditions for the well-known commodity.
biscuit machine
Secondly, if the river should be recognized therapeutic company "Regardless monkey" Cookie decorating constitute unique decor. Jiang diet's "monkey Regardless" biscuit by advertising to promote marketing, consumer relations quickly make the relevant product decoration and the river between diet company generated considerable cognitive, is not the only company to submit evidence Before the river diet company "Regardless monkey" Cookie decorating also use this case other people to use it or when, it should identify the river diet company "Regardless monkey" biscuit packaging and decoration endemic decor.

Again, both sides decor is approximate and is likely to cause confusion, mistake. The allegedly infringing product decoration diet compared with the river company "Regardless monkey" Cookie decorating, size, shape similar to rectangular paper packaging box in color, main, side surface of the screen structure, elements of basically the same, the difference lies in the text as "monkey-head", a front view and use the lower part of the physical map Hericium compared to "Hericium" Text smaller trumpet blue word "Min only home" trademark is slightly different, because of the above-mentioned difference to do not form the human visual senses significant differences, especially in contrast to the situation under ordinary consumers isolation, more attention on the main part of the decoration and text, but it is difficult to distinguish because of the two different trademarks for different goods, according to the "Supreme People's Court on Trial of Trademark Civil Disputes of a number of issues of interpretation "of Article IX, Article X, shall be deemed both constitute approximation. As the same goods, decorated the main part highly similar, even the upper part of the main view biscuit pattern all without distinction under the circumstances, it can easily cause confusion and misconception. The only river in the diet companies without permission, unauthorized use of the river diet company "Regardless monkey" biscuit products unique decorating decoration extremely similar product, intended to take a ride to others seeking improper benefits in violation of the "People's Republic of China Anti-Unfair Competition Law, "Article 5 (b) are not allowed to use well-known commodity to require the unique decoration, constitute the river  biscuit machine diet companies of unfair competition, should bear the corresponding tort liability.

In summary, the Jiangxi Higher People's Court rejected the appeal and upheld the conviction.