At the end of the Eastern Han Dynasty, "We should be generous and unforgettable. How can we relieve our worries? Only Du Kang." But now, Du Kang takes the place of wine and raises a glass to drown the sorrows. Trapped trademarks add to the worries. Relieve worries? Du Kang said it couldn't be done!

The Dukang trademark dispute between Shaanxi Baishui Dukang and Henan Luoyang Dukang is an issue left over from history. It is said that the three Dukang brothers were making wine at that time: the eldest brother was making Dukang wine in Shaanxi; the second brother went to Shanxi to make wine, but the wine was not made, so he made Shanxi mature vinegar; the third brother went to Yichuan County, Luoyang to make Dukang wine, so Luoyang was formed. and the Du Kang dispute in Henan. There are also rumors that there were three Dukang descendants selling Dukang wine in different places. Later, the two merged, leaving Dukang in Yichuan County, Luoyang and Dukang in Baishui, Shaanxi.

In short, the two Dukang wine lawsuits have been going on for 30 years, and the dispute continues. The lawsuit went from the State Administration for Industry and Commerce to the Trademark Office, then from the Trademark Office to the Trademark Arbitration Commission, then to the Beijing No. 1 Intermediate People's Court, then to the Beijing High Court, and finally to the Supreme People's Procuratorate. In the end, the court ruling came down to the following: Each has his own use.

In other words, the current Dukang trademark is equivalent to two brands. Both companies have also registered their own trademarks. Figure 1 and Figure 2 show the trademark situation retrieved from Master Quan’s trademark search. Figure 1 shows the "Dukang" trademark registered by Dukang Distillery in Yichuan County in 1980, and the registration was approved in 1981. Figure 2 shows the "Baishui Dukang" and picture trademark registered in Baishui, Shaanxi Province in 1995, and the registration was approved in 1996.

Picture 1

Picture 2

But the waiter noticed that there was new news in the trademark war between the two Dukang companies last month, and The smoke is rising again.

Shaanxi Baishui Dukang sued Luoyang Yichuan County Dukang for commercial defamation and won the case

Because Luoyang Yichuan County Dukang printed the slogan "The only company holding the Dukang trademark" on product packaging, Shaanxi Baishui Dukang The company sued and won the lawsuit. It was ruled that Dukang of Yichuan County, Luoyang, should immediately destroy or replace the existing product packaging with the slogan printed on it, publish it in newspapers to eliminate the impact, and pay compensation of 500,000 yuan to Shaanxi Baishui Dukang Liquor Industry.

Dukang of Yichuan County, Luoyang sued Shaanxi Baishui Dukang for trademark infringement and won the lawsuit

Shaanxi Baishui changed the trademark pattern on its own product bottles and outer packaging, whether on the bottle packaging or the wine box On the outer packaging, the word "Dukang" is prominently used, the word "Baishui" is weakened, and the word "Baishui" is arranged up and down to form the word "quan", so that the product logo only has subtle differences in the font and text arrangement. Dukang of Yichuan County, Luoyang filed a lawsuit in this regard. The first instance judged that Baishui Dukang's behavior constituted trademark infringement and compensated Luoyang Dukang RMB 15 million.

In the same month, the two parties filed lawsuits with very different verdicts, which is somewhat intriguing. These opportunistic behaviors in product packaging are ultimately due to the desire to use the influence of the Dukang trademark to gain a larger market share.

As a result, the value of trademarks, a treasure of Feng Shui, has been squeezed out by the two wine companies. The word "extract" is used because this trademark dispute, which has lasted for many years, has taken up a lot of energy on both sides, even to the point of overdraft. The 30-year tug-of-war over the Dukang trademark has prevented both parties from paying attention to the protection of the "Dukang" trademark, causing the market value of the Dukang trademark to severely shrink. "Dukang" also lost the "Chinese Time-honored Brand" issued by the Ministry of Commerce. Golden sign. The two Dukang wine companies are fighting over trademarks in China. The Dukang trademark has been unable to move forward in the minds of consumers and at the high-end market level, almost stagnating the creation of innovative wines

Over time, the two The biggest problem faced by Dukang Liquor Industry is not only the compromise on trademarks, but also the slow development of the wine industry over the years, and it is difficult to regain the gradually lost market share. The challenges these two wine companies will encounter in the future will only be greater and more difficult to overcome!