I still remember that in the hot summer last year, there was a double yolk egg ice cream with a salty and sweet yolk flavor from the two yolks in the middle. It had a double unique taste that other ice creams did not have. It became an Internet celebrity and gained popularity. It is loved by many people. However, the sudden "unqualified sampling inspection" in June last year caused it to experience a food safety crisis. Not long ago, the Nanjing Intermediate People's Court concluded a case related to "double yolk egg" ice cream. As the plaintiff, Aoxue Company won the case. Let's learn about the details of the case!

Do you know the brand of the internet celebrity ice cream you eat? It is Aoxue brand. It is reported that Aoxue company completed the design of the double yolk egg on November 30, 2018, and held a press conference on December 9 of that year. However, there are many popular people.

Shahu Chufeng Food Factory in Xiantao City has produced an ice cream called BAISI brand "Shahu Double Yolk Egg" and is selling vigorously both online and offline. The ice cream is very similar to Aoxue Company's "double yolk egg" ice cream not only in name, but also in packaging and decoration.

In May last year, Aoxue Company filed a lawsuit against Chufeng Food Factory and its investor Peng Ziqiang to the Nanjing Intermediate People’s Court, claiming that the factory used the same name and similar packaging on its products. , decoration, which can easily cause confusion among consumers, so we requested the court to protect their legitimate rights and interests.

In response to this case, the court accepted the case on May 20, 2019, held a public hearing on September 17, 2019, and recently concluded the trial and announced the verdict. During the case, Aoxue Company requested the court to rule that Chufeng Food Factory immediately stop producing and selling products suspected of unauthorized use of the same or similar logos as the trade name, packaging, and decoration of Aoxue Company's "double yolk egg" ice cream involved in the case. On July 26, 2019, the Nanjing Intermediate Court issued a pre-litigation injunction to Chufeng Food Factory based on the preliminary evidence provided by Aoxue Company.

In the end, the court held that the plaintiff's "Double Yolk Egg" trade name of Aoxue Company did not constitute a trade name with certain influence, but it had a certain influence on the packaging and decoration of the goods. Therefore, the defendant The actions of Chufeng Food Factory constituted unfair competition, and Peng Ziqiang, as the sole shareholder and investor of Chufeng Food Factory, should bear joint and several liability for compensation. And make the following compensation

1. Chufeng Food Factory immediately ceases unfair competition;

2. The defendant Chufeng Food Factory and Peng Ziqiang jointly and severally compensate Aoxue Company for 600,000 yuan;

3. Reject the plaintiff’s other claims.

It was also ordered that the two defendants *** jointly bear the acceptance fee and property preservation fee *** totaling 27,800 yuan.

From the above cases, we can understand that brand trademarks are intangible assets of enterprises and are extremely important. When similar products appear and confuse consumers in their purchases, we can take relevant legal measures to safeguard rights and protect the legitimate rights and interests of the company. For more trademark knowledge, please pay attention to the Bajie Intellectual Property Trademark Trading Platform.