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Yonghe Soybean Milk was fined for "contaminating" the national drink. Is it unjust or not?

Check the official website of the Shanghai Municipal Administration for Market Regulation. The date of creation is March 16, 2020. The title content is the announcement of the first batch of typical cases of false and illegal advertising in 2020. 12 typical cases were released in one day. , Article 10 of which is the illegal advertising case of Yonghe Food (China) Co., Ltd. ?

Analyze the briefing and extract key information:

1. Illegal behavior: The content of the advertisement is: ?This cup of national drink is decisively liked! ?The products of Yonghe Soybean Milk are introduced into the embassies of various countries in China as national gifts?

2. Illegal basis: Article 28, Paragraph 2, Item (5) of the Advertising Law, etc.

3. Punishment results: Administrative penalties were imposed in accordance with Article 55, Paragraph 1 and other provisions of the Advertising Law, ordered to stop publishing illegal advertisements, and fined 300,000 yuan

1. What is this? A cup of national drink, I definitely like it!

Violation key: "national" words, "Advertising Law" Article 9, paragraph 3: "Advertising shall not use" national-level", "superlative", "best" and other terms, prohibited by law Advertise with the word "国".

In fact, not only Yonghe, Moutai has also proposed "National Liquor Moutai" many times. On December 26, 2016, the National Trademark Office issued a notice on the refusal to register the trademark No. 8377533 "National Liquor Moutai" and its image. decision, officially rejecting Moutai’s use of “National Liquor Moutai” as a trademark. Since then, Moutai has also officially given up the promotion of "national liquor".

After all, Moutai has a market value of more than 2 trillion, and it is the leading brother in Guizhou Province. This cannot be called a country. Why is your little brother Yonghe so jumping up and down?

Supplementary: In fact, the word "国" alone is both amiable and important. The key is the second point

2. Yonghe soy milk products have been introduced into the embassies of various countries in China as national gifts?

Key to the violation: Giving away its products to individual embassy staff in informal settings. Neither the gift nor the products were authorized by the government, and are seriously inconsistent with the advertising claims.

Article 28 of the "Advertising Law" stipulates: Advertisements that deceive or mislead consumers with false or misleading content constitute false advertising.

Giving gifts on informal occasions means giving them in private. Brother Yonghe privately gave Yonghe soy milk to individual embassy staff without government authorization, which is called a "national gift". Isn't this false advertising? .