Specific news: The court found that Wang Laoji Company, as the legal user of the trademark "Wang Laoji", enjoyed legitimate interests in the slogan "I am afraid to drink Wang Laoji when getting angry", and its continued use of the slogan "I am afraid to drink Wang Laoji when getting angry" did not constitute unfair competition.
Wang Laoji Company replied that the rights and interests of the slogan "I am afraid of getting angry and drinking Wang Laoji" belong to Wang Laoji Company, the legal operator of the well-known commodity "Wang Laoji Herbal Tea", and the plaintiff is the operator of "Jiaduobao Herbal Tea" and does not enjoy the relevant rights and interests of the slogan. The loss of 6,543,800 yuan claimed by the plaintiff has no factual and legal basis.
The court found through trial that with the permission of the trademark owner, Jiaduobao obtained the right to use the trademarks 1998 to 10 of "Wang Lao Ji" for the red pot herbal tea products it produced. In order to promote his own products, Wang Laoji designed the slogan "Fear of getting angry, drink Wang Laoji", and its affiliated companies invested heavily in making advertisements containing this slogan, which was promoted continuously, frequently and in various ways throughout the country, making this slogan well-known. On June 5438+February 65438+March 2004, Guangdong Higher People's Court recognized the herbal tea products produced by the plaintiff with the above packaging and the trademark of "Wang Lao Ji" as well-known commodities. From 2007 to 20 1 1 year, the red canned herbal tea products with the trademark of "Wang Lao Ji" produced by Jiaduobao and its affiliated companies ranked first in the canned beverage market for five consecutive years. On may 9, 20 12, the plaintiff stopped using the trademark of "Wang Lao Ji" and changed it to the trademark of "jiaduobao". After that, Wang Lao Ji Company obtained the right to use the trademark of "Wang Lao Ji" with the permission of the trademark owner, and went on the market on June 3, 20 12 to sell its red pot herbal tea products using the trademark of "Wang Lao Ji". The annual sales of this product in 20 12 years is1700 million yuan. In order to promote its products, Wang Laoji Company produced an advertisement with the slogan "Drink Wang Laoji if you are afraid of getting angry", which was released in the restaurant run by its official Weibo and the defendant He Mou.