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After losing the two trials, the case of "Dawu Liangye" suspected of infringing "Wuliangye" was dropped

Recently, Upstream News published "Wuliangye Rights Protection: "Jiuliangye" and "Jiuliangchun" were found guilty of infringement and paid 9 million yuan in compensation", which attracted widespread attention. Hebei Dawu Liquor Co., Ltd. reported to Upstream News It said that after the Zibo Intermediate Court and Shandong High Court made rulings on the trademark infringement dispute with Yibin Wuliangye Co., Ltd., it applied to the Supreme Court for a retrial, and the Supreme Court has now issued a judgment.

The content of the judgment shows that Hebei Dawu Liquor Industry used “Dawuliangye” on the containers and packaging of the liquor products it produced and sold, which did not comply with the provisions of Article 57 of the Trademark Law and infringed on registered trademarks. The situation of exclusive rights does not constitute an infringement of Wuliangye Company’s exclusive rights to the trademark involved in the case.

The case of "Dawu Liangye" suspected of infringing "Wuliangye" was dropped. The picture comes from the Internet

In July 2012, when Dawu Busan Hefu Liquor Sales Co., Ltd. in Xushui County, Hebei Province applied for the calligraphy "Dawu Liangye" trademark, it was rejected by the Trademark Office of the State Administration for Industry and Commerce. .

On September 21, 2015, the Zibo Intermediate People’s Court held a hearing on the trademark dispute case between Sichuan Yibin Wuliangye Co., Ltd. and Hebei Dawu Liquor Co., Ltd.

After hearing by the Zibo Intermediate Court, it was held that the main part of the "Dawu Liangye" logo, "Wuliangye", has exactly the same pronunciation as the trademark "Wuliangye". "Liangye" is easily confused with "Wuliangye", causing the public to mistakenly believe that the two have a specific connection in source. Accordingly, the Zibo Intermediate People's Court determined that Dawu Liquor had infringed Wuliangye's trademark exclusive rights and ordered Dawu Liquor to compensate Wuliangye Group for economic losses and reasonable expenses of 1 million yuan.

Subsequently, Dawu Group appealed to the Shandong Provincial High Court. After hearing by the Shandong Provincial High Court, on July 13, 2016, the court upheld the original judgment made by the Zibo Intermediate People's Court in the first instance.

Recently, Hebei Dawu Liquor Co., Ltd. reported to upstream news that after the Shandong High Court made a ruling, it applied to the Supreme People's Court for a retrial. The judgment has been issued. The Supreme People's Court held that the retrial was The focus of the case is: whether the alleged infringement infringes upon Wuliangye Company's "Wuliangye" and "Wuliang" trademark rights; and whether the trial procedures of the first and second instance courts violate the provisions of the Civil Procedure Law.