Peanuts, cucumbers and broad beans are known as the three magic weapons in the wine shop. When you are drunk to the fullest, just grab the peanuts and put them into your mouth. This can not only prevent the alcohol from getting too strong but also satisfy your appetite. Therefore, cooked peanuts have always been a "hot product" in small stores.
However, recently, supermarkets in Jinan, Shandong and Zhengzhou, Henan were sued by a Sichuan company for "infringement" for selling "drunkard peanuts", and may face claims ranging from tens of thousands of yuan.
The drunkard’s peanuts that cost 70 yuan were compensated for tens of thousands
According to Shandong Business Daily, Ms. Chen from Zhangqiu District, Jinan City, spent 70.02 yuan to buy ten packs online. "Jiugui Peanut" was sold in the store, and Sichuan Baishixing Food Industry Co., Ltd. sued the court for infringement and demanded tens of thousands of yuan in compensation.
According to reports, the evidence provided to the court by Baishixing Industrial Co., Ltd. is: the word "Jiugui" is a registered trademark of Sichuan Baishixing Food Industry Co., Ltd., and only this company can use it.
Since the "Jiugui Peanuts" sold by Ms. Chen are not the "Jiugui Peanuts" produced by Sichuan Baishixing Food Industry Co., Ltd., Sichuan Baishixing Food Industry Co., Ltd. believes that Ms. Chen has committed infringement.
Coincidentally, on February 1, some businesses in Liaocheng City, Shandong Province also went to court and became defendants because of "Drunkard Peanut".
According to information, some stores in Liaocheng and Zhangqiu District were prosecuted by a law firm in Qingdao for infringement of "Drunkard Peanuts", and the legal representative of the applicant in the prosecution was the same person. .
As of 2:56 pm on February 22, 2021, according to Qichacha data, Sichuan Baishixing Food Industry Co., Ltd. has sued others or companies ***301 times due to trademark infringement disputes. , 74 cases were sued against others or companies for enforcement of civil cases, 32 cases were sued for trademark infringement disputes, 15 cases were sued for enforcement of intellectual property and competition cases, and 15 cases were sued for disputes over trademark ownership. From 6.
More than one! Henan supermarkets were also sued in court because of "drunkard peanuts"
In addition to Shandong, some supermarkets in Henan Province were also sued in court because of "drunkard peanuts".
According to the China Judgment Documents Network, on December 28, 2020, four supermarkets in Zhengzhou and Xingyang *** were sued in court over "trademark infringement" disputes related to Jiugui Peanuts. So, are the "trademark infringements" committed by supermarkets in Henan Province the same as those infringed by merchants in Shandong Province before? A reporter from Henan Business Daily subsequently contacted a defendant convenience store in Xingyang City to learn about the situation.
“I don’t know what happened, so I was taken to court.” Li Lin, the owner of the convenience store, told a reporter from Henan Business Daily. According to Li Lin, she once purchased 10 small packages of "Jiugui Peanuts" at a food store and sold them at a price of 5 yuan per package.
"Not long after, several people came to the store and bought bags of 'Drunkard Peanuts' and took pictures, but I didn't take them seriously at the time."
Li Lin then I was told that I had been sued in court for copyright infringement and was compensated for RMB 10,000.
"What's this? I just sell peanuts for 5 yuan a pack, and I'm not wholesale selling them. It's considered an infringement."
Later, Li Lin found out among the merchants , it is not just the local supermarket in Zhengzhou that is facing a lawsuit because of "Drunkard Peanut".
"Later, everyone in the group told each other about this matter. Although everyone was very confused, there was nothing they could do. Some people chose to pay privately to settle, while others chose to continue the lawsuit."
< p>The Henan Business Daily reporter then contacted the law firm representing the plaintiff Sichuan Baishixing Food Industry Co., Ltd. in the trademark infringement dispute based on the ruling document No. (2020) Yu 0104 Zhi Min Chu No. 607 to learn about the situation.The other party said: "Our information cannot be disclosed before the case is heard in public."
So what does the plaintiff Sichuan Baishixing Food Industry Co., Ltd. think? The Henan Business Daily reporter subsequently tried to contact the other party several times based on the phone number published by Qichacha, but the calls were not connected.