Wanglaoji and Jiaduobao are two well-known Chinese herbal beverage brands. They each have their own trademarks. However, in 2012, the two parties engaged in a six-year litigation case over trademark rights issues. In the end, Reach a settlement.
The focus of the dispute in this case mainly focuses on the similarity of the trademarks "Wanglaoji" and "Jiaduobao". Among them, the "Jiaduobao" trademark is the "3086829" trademark registered by Jiaduobao Group, and the "Wanglaoji" trademark is the "738848" trademark registered by the former Fujian Wanglaoji Pharmaceutical Company.
The plaintiff Wanglaoji Company believes that the "Jiaduobao" trademark infringes on its rights to the "Wonglaoji" trademark, and requires the other party to stop using it and compensate for economic losses. The defendant Jiaduobao Group believes that the composition and font shape of the two trademarks are quite different and it is impossible to confuse them. Therefore, there is no infringement of the other party's trademark.
In this six-year legal action, both parties submitted a large amount of evidence for debate, including market research reports, brand awareness surveys, comparative analysis of taste, color, packaging, etc. In the end, the court ruled that the "Jiaduobao" trademark did not infringe the rights of the "Wanglaoji" trademark, but Jiaduobao Group needed to pay a certain amount of financial compensation from Wanglaoji Company, and the two parties reached a settlement agreement.
This case shows that trademark protection is very important. Each enterprise must apply for registration of its own trademark in a timely manner and strictly guard against infringement by others. At the same time, the similarity between trademarks needs to be judged through legal means to ensure fair competition and intellectual property protection.