On June 5438+February 3, 2005, Hohhot Intermediate People's Court accepted the case of trademark infringement and unfair competition dispute between plaintiff Inner Mongolia Mengniu Dairy (Group) Co., Ltd. and defendant Dong Jianjun (owner of Wukesong Supermarket in Hohhot New District) and Henan Anyang Baixue Dairy Co., Ltd., and made a first-instance judgment on April 13 this year. At the same time, the "sour milk" on the milk beverage of Mengniu Group was also punished. This is the first well-known trademark recognized by the court system in Inner Mongolia Autonomous Region, and it is also the first unregistered well-known trademark recognized by the court in China through civil litigation judicial procedures.
Mengniu Company, as one of the largest dairy enterprises in China, has successively launched a series of milk drinks named "Yogurt" since 2000, and applied for a patent for appearance, doing a lot of advertising, which made it gain a high reputation and good market reputation, and became a well-known brand and well-known trademark in China. From June, 5438 to February, 2005, Mengniu Company found that the "yogurt" lactic acid bacteria beverage produced by the second defendant Baixue Company, which was being sold by the first defendant Dong Jianjun, not only used the same brand, but also was similar in packaging and decoration to the "yogurt" beverage.
After accepting the case, Hohhot Intermediate People's Court conducted a strict review on the awareness of the trademark "Yogurt" among the relevant public and the continuous use time of the trademark. Since 2000, the plaintiff Mengniu Dairy Company has significantly and widely used the trademark "Yogurt" in its milk drinks, which has been used for nearly 6 years. Although the trademark contains words such as "acid" and "milk" indicating product characteristics and main raw materials, the trademark has gained strong significance in practical use through the plaintiff's continuous use of the trademark and increasing investment in its promotion. From 2003 to 2005, the plaintiff's investment in the promotion of the trademark increased significantly, and the advertising word "sour and sweet is me" was widely known among relevant consumers. The sales revenue of the product also increased significantly year by year, and the sales network spread all over the country, making the plaintiff's "yogurt" milk beverage products a household name with its sour and sweet taste and excellent quality. Especially in 2005, the activity of "Mengniu Yogurt Super Girl" further improved the popularity and reputation of the plaintiff's "Yogurt" trademark among the relevant public. Therefore, the plaintiff's "Yogurt" trademark has actually reached the level widely known by the relevant public and enjoys a high reputation. Although its trademark registration application has not been approved by the Trademark Office of the State Administration for Industry and Commerce, it has met the requirements for the recognition of well-known trademarks as stipulated in Article 14 of the Trademark Law of People's Republic of China (PRC), and should be recognized as a well-known trademark.
At the same time, the Hohhot Intermediate People's Court ruled that the two defendants were prohibited from using the plaintiff's unregistered but well-known trademark of "yogurt" and its unique packaging and decoration on the same milk beverage product, which was enough to mislead consumers, confuse ordinary consumers or the relevant public about the source of their products, harm consumers' interests and disrupt the normal market economic order.