While safeguarding rights, we should not forget brand marketing and use the infringer’s existing marketing network to expand market share. Have you learned about the White Rabbit brand marketing?
1. Basic situation
The trademarks No. 591266 and 591267 registered by Shanghai Guanshengyuan Food Co., Ltd. constitute? White Rabbit? Milk The decorative pattern on the sugar packaging has become the unique symbol of White Rabbit toffee. In 1993, "White Rabbit" was recognized as a well-known trademark.
Given the serious phenomenon of counterfeit White Rabbit toffee on the market, consumer confidence has been dampened. Shanghai Guanshengyuan Food Co., Ltd. authorized the agency to appoint lawyers to clean up the long-term market supervision and maintain the brand. During the market cleanup, the company discovered that Xiao was selling and selling White Rabbit toffee in bulk. Therefore, cooperative legal service offices and law firms in 122 counties and districts across the province were designated to clean up the market at the same time and block the "Little White Rabbit" market for counterfeit trademarks. A civil lawsuit was filed against Xiao for trademark infringement, requesting the court to order an immediate stop to the infringement and compensation of 50,000 yuan. During the mediation process organized by the court. The agents assigned by the agency company waste no time in promoting the brand and carrying out brand marketing. Make the sale of products with a registered trademark transfer a prerequisite for settlement.
After court mediation, a compensation of 26,000 yuan including 10,000 yuan for stopping the infringement was reached, and a product mediation agreement was reached with Guanshengyuan Company.
2. Main practices and experiences
During the investigation of trademark infringement litigation, the agent should generally investigate the infringer’s product sales network and end customer groups to understand the impact of the infringing products on the infringement The person’s contribution rate is used to obtain evidence for the calculation of the amount of infringement. This is the data that trademark owners need to know in marketing.
The agency believes that: on the one hand, for cases where the amount of damages may not be high and the infringer has a sales outlet, instead of completely destroying the case and pushing the infringer to a competitor of a registered trademark product, it will reduce the number of cases. If registered trademark products occupy a large market share, it is better to use crackdowns as a means to guide the parties to the dispute to reach a sales agency agreement for registered trademark products. Make use of the infringer's existing marketing network to expand the market share of registered trademark goods and meet the needs of consumers. On the other hand, after infringement litigation and clearing the market, registered trademark products must quickly occupy the market. Only in this way can the dual purposes of meeting consumer demand and consolidating the results of rights protection be achieved.
Sales of goods with registered trademarks are not a legal way to bear liability for trademark infringement. The plaintiff cannot include the sale of goods with registered trademarks in the lawsuit. Therefore, after the court debate and mediation and negotiation process of trademark infringement litigation, the plaintiff raised the issue and Make the sale of registered trademark products a prerequisite for negotiation. During the mediation process, the infringing party often reduces the amount of compensation based on the lack of intentional infringement and poor business conditions. The judge also had doubts about the plaintiff’s purpose of claiming compensation. Therefore, the distribution of registered trademark goods is a prerequisite for settlement. Giving the infringer a "difficult" choice, if he does not agree to sell registered trademark goods, can convince the judge of the infringer's subjective intention and malicious infringement degree, laying the foundation for a higher compensation award. If you agree to sell registered trademark products, you can provide the trademark owner with sales channels for registered trademark products and expand the market share of registered trademark products.
3. Typical significance
Occupying the market is the eternal theme of enterprises. The function of a trademark is to distinguish the source of goods through its distinctiveness and avoid mistaking the market due to misunderstanding. Well-known trademarks, famous trademarks, and well-known trademarks have a certain market share. The infringer achieves the purpose of occupying the market through confusing behavior and causing misunderstanding. Therefore, the competition for trademark rights is, in the final analysis, a competition between the infringer and the infringed party for the market. Trademark litigation means that the trademark owner, in accordance with the provisions of the law, forcefully cleans up the market and occupies the market. Consumer demand determines the brand's market. After cleaning up the market, as long as demand exists, if the market is not maintained, counterfeit products will rebound. Therefore, in trademark rights protection, all the work of the agent is always based on the entrustment of the trademark owner, in accordance with legal methods, using trademark rights protection as a means, and focusing on market cleanup, market share, and market maintenance.