The company was ordered to pay RMB 100,000 in compensation for copycat coconut juice packaging. The defendant’s behavior was an act of unfair competition.

Tianyancha App shows that on July 5, the second-instance civil judgment of the unfair competition dispute between Hainan Garuda Aviation Beverage Co., Ltd. and Coconut Tree Group Co., Ltd. was made public, case number (2021) Beijing 73 Civil Final No. 1095, the trial court is the Beijing Intellectual Property Court. The verdict was to reject the appeal and uphold the original verdict. This judgment is final.

After investigation, the court determined that the packaging and decoration of "Coconut Brand" coconut juice are commodity packaging and decoration with certain influence; "Coconut Brand" coconut juice and the alleged infringement "Guoquan" coconut juice The packaging and decoration are similar in external shape, color matching, text style, etc., which can easily lead to confusion and misunderstanding when observed in isolation with the general attention of the relevant public. The behavior of the three defendants was unfair competition.

In the end, the court ruled that the three defendants should immediately stop the unfair competition involved in the case and compensate Coconut Tree Group for economic losses of 100,000 yuan and reasonable expenses of 7,000 yuan.

Article 21 of the "Anti-Unfair Competition Law" stipulates corresponding administrative penalties for the unfair competition behaviors listed in Article 5, which are specifically divided into two situations:

( 1) According to the provisions of Article 21, Paragraph 1, if an operator engages in market transactions by using unfair competition methods prohibited by Article 5 of the Law, the first, third, and fourth acts shall be punished in accordance with the Trademark Law and the Product Quality Law. Provide penalties;

(2) For the second type of behavior, Article 21, paragraph 2, stipulates that the supervision and inspection department shall order the illegal behavior to stop, confiscate the illegal income, and impose a penalty of more than 1 times the illegal income depending on the circumstances3 A fine of not more than 10 times; if the circumstances are serious, the business license may be revoked; if the sale of counterfeit and inferior products constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

According to the provisions of Article 17 of the Law, other operators whose legitimate rights and interests are harmed by the above-mentioned acts of unfair competition may file an infringement lawsuit in order to obtain compensation. Consumers whose legitimate rights and interests are harmed by the above-mentioned acts of unfair competition may request legal relief in accordance with the Consumer Rights Protection Law.

Reference for the above content? Baidu Encyclopedia - Unfair Competition