"Why can only Du Kang solve my worries?" It turns out that the famous sentences in Cao Cao's short songs have long been well-known classics.
However, the controversy surrounding the trademark "Du Kang" is continuing to ferment, and Luoyang Du Kang Holdings and Shaanxi (Baishui) Du Kang Liquor Industry are in court in many places. Both sides of this "trademark war" have left the brand trademark of "Du Kang" with rich cultural background scarred.
Extended data:
In 1970s, Yichuan Du Kang, Ruyang Du Kang and Baishui Du Kang were established to produce Dukang wine.
198 1, three wineries filed trademark registration applications at the same time. Under the coordination of various government departments, Yichuan Du Kang registered the trademark "Du Kang", which was used by Ruyang Du Kang and Baishui Du Kang.
1992 the trademark of "Du Kang" was renewed, and the three enterprises had another dispute over the trademark, but they still failed to resolve it under the coordination of relevant departments.
199665438+February, Baishui Du Kang applied and the Trademark Office approved its trademark "Baishui Du Kang".
In 2009, Yichuan Du Kang and Ruyang Du Kang merged, both under the banner of Luoyang Du Kang, and Luoyang Du Kang used the "Du Kang" trademark.
20 12 Baishui Du Kang registered the trademark "Baishui Du Kang", but its trademark shape was too similar to the registered trademark "Du Kang Brand" and failed. Du Kang reported trademark infringement of Baishui Du Kang to the regulatory authorities and took it to court.
20 16 Baishui Du Kang sued Luoyang Du Kang for business slander in Weinan Intermediate People's Court, and Shaanxi High Court made a second-instance judgment on this case, which supported Baishui Du Kang's appeal. Du Kang refused to accept the verdict and prepared to appeal.
20 16 the competent authorities in Tianjin, Beijing and other places have issued a notice to order local enterprises to correct the infringement of the exclusive right to use a trademark by selling Baishui Dukang wine with the word "Du Kang" prominently.
On May 20 16, Luoyang Du Kang sued Baishui Du Kang for infringement. The first instance of Luoyang Intermediate People's Court ruled that Baishui Du Kang stopped producing and selling goods that infringed the exclusive right to use the trademark of "Du Kang".
On September 20 17, Luoyang Du Kang plans to sue Baishui Du Kang for trademark infringement in Tianjin.
On March 20 18, the case of trademark infringement and unfair competition between Luoyang Du Kang and Baishui Du Kang was heard by Tianjin Intermediate People's Court, which ruled that all the claims of the plaintiff Luoyang Du Kang Holdings Co., Ltd. were rejected, and Baishui Du Kang won the case.
On April 6, 20 18, the final judgment of Henan Higher People's Court rejected Baishui Du Kang's appeal and compensated Luoyang Du Kang150,000 yuan. This makes the trademark dispute equally divided.
People's Network-20-year Debate on "Du Kang"