On July 24, the relevant person in charge of Jiaduobao told a reporter from the China Economic Times that the "Wanglaoji" trademark incident between Jiaduobao and GPHL was not over. The verdict of the Beijing No. 1 Intermediate People's Court was just The two agreements arbitrated by the arbitration committee were determined to be invalid. The "Trademark License Agreement" signed by Jiaduobao and Guangzhou Pharmaceutical was not within the scope of this award. It was legal and valid before any judicial determination.
After more than a year of fighting, although GPHL claimed to have won the lawsuit and recovered the right to use the Wong Lao Kat trademark, the "Wang Lao Kat" trademark dispute has not ended. Jiaduobao has asked China International Economic and Trade The arbitration committee filed an application for arbitration. In response to the battle between Guangzhou Pharmaceutical and Jiaduobao, many legal professionals suggested that it end in settlement. However, marketers believe that the current possibility of reconciliation and cooperation between the two parties is not high.
Legal professionals suggested settlement
At the legal seminar on trademark disputes between Jiaduobao and GPHL on July 19, many legal professionals believed that if GPHL and JDB If Bao can reconcile and settle the case, it will be a good ending.
“I personally think that more intellectual property cases are settled, which is more beneficial to both parties. Otherwise, if you win the lawsuit, you will lose the market, and if you win the market, you will lose the lawsuit.
" Xu Jiali, director of the Intellectual Property Research Center of China University of Political Science and Law, said that for the "Wanglaoji" trademark dispute case involving Guangyao Jiaduobao, the best outcome is settlement.
Qiu Baochang, director of Beijing Huijia Law Firm, also believes that continuing the lawsuit will be detrimental to both parties and that reconciliation is the best way.
Xu Jiali said that judging from the facts, Jiaduobao Company’s investment and cultivation of the Wanglaoji trademark is very successful. The Wonglaoji brand value has reached 108 billion, which is rare. Jiaduobao Company The contribution cannot be ignored. Therefore, both GPHL and Jiaduobao should cherish this hard-won brand. We do not want to see Wong Lo Kat disappear in the brand war like many brands. We protect trademarks to make them more valuable. We do not want products to be forced to withdraw from the market or even dealers to be unable to continue operating due to a lawsuit. Jiaduobao and Guangyao certainly do not want to see this situation.
Li Xiujuan, dean of the School of Law and Political Science at Beijing Geely University, said that in the price analysis of intellectual property rights, products and their own trademarks are inseparable. Take the Wong Lo Kat trademark as an example, if there is no product, just the word "Wang Lao Kat" Three words, it should not be worth 108 billion. There are several stages in the formation of commodity value: first, at the initial stage, the commodity is just an ordinary commodity mark and has no value; the second stage is the functional stage, which is recognized by consumers and has certain obvious advantages; and the last is the personality stage. , accepted by consumers as having superior value that is different from other commodities. "The value of Wong Lo Kat was not recognized in the 1990s, including its products. After many years of development, it developed into the stage of personalized commodities. In this process, Jiaduobao's operational investment is a step from ordinary to personalized. In the process, Jiaduobao’s years of operation have made it a big brand. Therefore, if Guangyao and Jiaduobao continue to fight, both sides will lose.
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