Recently, the People's Court of Siming District, Xiamen City, Fujian Province pronounced a verdict on a traditional trademark infringement case involving "Gulangyu" and determined that the manufacturer's use of other people's registered trademarks on packaging constituted infringement.
Since 1983, the original Gulangyu Food Factory has used the trademark 'Gulangyu' on the pies and other foods it produces. In 2001 and 2005, the Trademark Office of the State Administration for Industry and Commerce approved the factory's registration of 'Gulangyu' trademark. Later, due to company changes and other reasons, Zeng acquired the above-mentioned "Gulangyu" trademark in June 2010 and authorized Xiamen Xingmao Company to use it exclusively. After years of extensive publicity and sales, ‘Gulangyu’ brand pies and pastries enjoy a high reputation in the industry. It has been awarded the titles of 'Quality Award', 'Silver Award of Fujian Industrial Products Expo' and 'Fujian Province Quality Product' by the former Ministry of Light Industry, Ministry of Commerce and the People's Government of Fujian Province. In September 2012, it was rated as 'Xiamen'.
In April 2013, the trademark user Xiamen Xingmao Company discovered that some pie packaging boxes produced and sold on the market prominently used the words "Gulangyu" and other words. The product packaging box specifications, internal and external decoration, and style The design and pattern are similar to its own packaging box, and the product description is 'Gulangyu pie is carefully crafted according to traditional techniques and recipes', which can easily make it difficult for consumers to distinguish. Xingmao Company believes that Yuhai Company, as a manufacturer, As a sales merchant, Dongben Company infringed on its own exclusive rights to registered trademarks, constituting unfair competition, and took both companies to court.
After court proceedings, it was found that Yuhai Company’s product packaging was all in rectangular clamshell gift boxes made of hard kraft paper. However, due to differences in appearance design, *** had used two versions.
The court held that according to Article 49 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China", the use of common names and place names should be "fair use." Although 'Gulangyu' is a very specific place name, and 'pie' is also a common name in the food industry, in the version of the packaging box used by Yuhai Company, 'Gulangyu' and 'pie' appear as separate, The two independent lines show that Yuhai Company does not use "Gulangyu Pie" as an integral whole, but specifically highlights the three words "Gulangyu". On the whole, the words "Gulangyu" are in a central and conspicuous position on the outer packaging of the pie box. It is easy for consumers to confuse and misunderstand the source of the product and the plaintiff's product when purchasing, which infringes upon the plaintiff's exclusive use. The right of 'Gulangyu' trademark.
After trial, the court ruled that Yuhai Company should immediately stop using this version of the packaging box on the products it produces and sells, and at the same time compensate Xingmao Company for economic losses and reasonable expenses totaling 80,000 yuan. .
■Judge Online■
In trademark infringement cases, it is often encountered that a company registers a place name as a trademark and then files a lawsuit against others for using the place name. To this end, the reporter interviewed Li Yuanyuan, the judge presiding over the case.
Li Yuanyuan believes that the significance of a trademark lies in its distinctiveness, but when a place name is registered as a trademark, according to the provisions of the Implementation Regulations of the Trademark Law, the trademark owner cannot completely prohibit others from using the place name. Of course, this This use should be a 'fair use' as provided by law. A geographical name trademark has two distinct meanings: on the one hand, it is a registered trademark that the trademark owner enjoys the exclusive right to use, and has the function of identifying the source of the trademark owner's goods; on the other hand, it is a place name, which has the function of identifying the geographical location. role.
Taking this case as an example, Li Yuanyuan believes that place names registered as trademarks should not be used deliberately and prominently. In this case, the defendant’s packaging box placed the three words "Gulangyu" on the lid of the box. In the middle of the product, one's own trademark is placed in a relatively inconspicuous corner. This approach is obviously intended to highlight the word "Gulangyu" and weaken one's own trademark. This can easily lead to consumers mistaking the defendant's products with "Gulangyu" when purchasing. 'Get in touch. Prominent use of another person's place name and trademark that can easily lead to consumer confusion should not be considered fair use.