The contents of the judgment show that the use of "Dawu Grain Liquid" by Hebei Dawu Liquor Industry on the containers and packaging of alcoholic products it produces and sells does not comply with the infringement of the exclusive right to use a registered trademark as stipulated in Article 57 of the Trademark Law, and does not constitute an infringement of the exclusive right to use a trademark involved in Wuliangye Company.
The case of "Dawu Grain Liquid" suspected of infringing "Wuliangye" was revoked. The picture comes from the Internet.
20 12 July, xushui county Dawu Busan Hefu Liquor Sales Co., Ltd. was rejected by the Trademark Office of the State Administration for Industry and Commerce when it applied for the trademark of "Dawu Grain Liquid".
On September 2, 2065438, the Zibo Intermediate People's Court held a hearing on the trademark dispute between Sichuan Yibin Wuliangye Co., Ltd. and Hebei Dawu Liquor Co., Ltd.
After hearing the case, Zibo Intermediate People's Court held that the main part of the logo of "Dawu Grain Liquid" was completely the same as the trademark pronunciation of Wuliangye, and when the relevant public heard about "Dawu Grain Liquid", it was easily confused with Wuliangye, which led the public to mistakenly think that there was a specific connection between them. Accordingly, Zibo Intermediate People's Court ruled that Dawu Grain Liquid infringed Wuliangye's trademark exclusive right, and Dawu Liquor compensated Wuliangye Group for its economic losses and reasonable expenses of 6,543,800 yuan.
Subsequently, Dawu Group appealed to the Shandong Provincial High Court. On 20 16 and 16, the court upheld the original judgment made by the Zibo Intermediate People's Court.
Recently, Hebei Dawu Liquor Co., Ltd. reported to the upstream news that after the Shandong High Court made a ruling, it applied to the Supreme People's Court for retrial. At present, the judgment has been issued. The Supreme People's Court retrial believes that the focus of the dispute in this case is whether the alleged infringement infringes the trademark rights of Wuliangye and Wuliang of Wuliangye Company; First, whether the trial procedure of the court of second instance violates the provisions of the Civil Procedure Law.