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Trademark dispute between Wang Lao Ji and Jia Duobao
question 1: a case study of intellectual property rights: what about the dispute between jiaduobao and wanglaoji (trademark right and patent right)?

question 2: what inspiration does the brand dispute of wanglaoji leave? Data Map A few years ago, many people didn't know that the brand of "Wang Lao Ji" was a cooperation agreement between GPHL and Jiaduobao Group. Most people mistakenly thought that "red cans and green boxes are a family". At that time, the slogan of "afraid of getting angry and drinking Wang Laoji" made a herbal tea brand have a larger market share than well-known beverage manufacturers. Here, I have to say that the slogan "Wang Lao Ji and Boxed" of GPHL really got a ride. Jiaduobao spent a lot of money on brand promotion every year. In 28, it donated 1 million yuan to the Wenchuan earthquake, which further developed the brand to the extreme. At that time, many people questioned Wang Laoji's hype, including the later activities of "blocking Wang Laoji", but in fact, this controversy was quickly drowned out by the saliva of netizens: "hype? You also donate 1 million to try. " Through this charity, Wang Laoji's sales have reached the ultimate peak since production. At that time, the publicity of GPHL's "Green Box Wang Laoji" also increased and gained a lot of benefits. "Flowers are never red for a hundred days". In fact, Wang Laoji's brand dispute has already planted the seeds of the dispute since he signed a brand cooperation book with Jiaduobao. Facts have proved that there will always be only "interests" in the face of cooperation. The cooperation at that time must have been the result of careful consideration and win-win between the two sides. Perhaps they never thought that they would go to court one day. The main reason for today's dispute is that "Wang Lao Ji" is on fire. In this brand dispute, Jiaduobao's response performance is indeed in place. From the beginning of the font of "half Wang Laoji, half Jia Duobao", and then from "afraid of getting angry, drinking Wang Laoji" to "authentic herbal tea produced by Jia Duobao", a series of countermeasures will control the loss of brand conversion to the lowest point. At present, it seems that the red tank has remained basically unchanged, but the font "Wang Lao Ji" has been changed into "Jiaduobao". Many customers are actually unaware of these "details" changes, but despite this, Jiaduobao has paid a great price. In this brand dispute, many onlookers will "sympathize" with Jiaduobao, thinking that the raised children have now given them back and made a "loss-making business". At this point, Jiaduobao is indeed a bit "embarrassing". However, things are divided into two considerations: Jiaduobao's annual brand use fee for Guangzhou Pharmaceutical is only 5 million, which is totally out of proportion to the annual sales of tens of billions. Imagine that for Guangzhou Pharmaceutical, isn't this a "loss-making business"? Aside from these, what inspiration does this "brand dispute" leave us? Creating your own brand is the way to live a long life. China is one of the largest "OEM factories" in the world. Whether it is the high-end Iphone in mobile phones, or Adidas in clothing, or cosmetics, or others, there are foundries in China. These brands, which make ordinary income people "flinch and get what they want", have made many multinational enterprises, even the top 5. However, the profits obtained by the foundry are very few. Most of the income is still earned by the brand-owned enterprises, which is the power of the brand. When Jiaduobao signed the cooperation agreement with Guangyao at that time, it was the eye that valued the brand potential of Wang Laoji. However, in the past ten years, when Jia Duobao has been able to create his own brand, he has repeatedly lost opportunities. Up to now, there are only two brands, namely "original Wang Lao Ji brand herbal tea" and "Kunlun Mountain mineral water". Once there is a dispute over the operation mode of a single brand, it may face the crisis of "losing everything". Although Wang Laoji had to focus on "Jiaduobao" herbal tea when the dispute of Wang Laoji's brand was in dire straits, he had already delayed the fighter plane and missed the best opportunity to create his own brand. Therefore, the brand should be established sooner rather than later, and the agency brand will always be "making wedding clothes for others". Even if you do profit from the agency brand, the biggest beneficiary will always be the brand owner or holder. Abiding by business ethics is the best policy. One of the important reasons for Jiaduobao's weakness this time is the extension of the use agreement of Wang Laoji brand signed with the former general manager of Guangyao. At present, it has been verified that this agreement was achieved by Jiaduobao through abnormal means such as bribery, so it was certified invalid. Facts have proved that this move is too "smelly". There is no fire in the paper. After the matter is revealed, Jiaduobao is not only in a bad impression such as "bribery", but may even pay a more serious price such as the brand reputation being affected. Many people understand that business is the right way, but in the face of interests, many people will try to take risks and gamble. In fact, this kind of "gambling" will make things worse and eventually end in failure. This Wang Lao Ji brand dispute once again sounded the alarm for us: business is the right way, which is by no means empty talk, but the real experience summarized from businessmen for thousands of years. If you win, you will lose. Some people say that Jiaduobao was defeated perfectly this time, and the brand of Wang Laoji ... > >

question 3: what is the trademark dispute between Wang laoji and jiaduobao? Wang Laoji is the trademark of GPHL, which was licensed to Jiaduobao. Jiaduobao spent a lot of money to make it famous. GPHL took advantage of the expiration of the license contract to take back the trademark and prevent Jiaduobao from using it.

Question 4: What happened to the trademark dispute between Wang Laoji and Jiaduobao? Wang Laoji was a trademark of GPHL, and it was licensed to Jiaduobao. Jiaduobao spent a lot of money to make it famous, so GPHL took advantage of the expiration of the license contract to take back the trademark and not let Jiaduobao use it. That's the way it is.

question 5: who won the trial of Wang laoji and jiaduobao's 2.9 billion trademark case? with the final judgment of "matching scheme", jiaduobao may not be able to say the phrase "exclusive authentic formula" in the advertisement.

On July 19th, Guangdong Higher People's Court made a final judgment on Wang Laoji and Jiaduobao's "matching scheme", rejected Jiaduobao's appeal and upheld the original judgment. At the end of last year, the Guangzhou Intermediate People's Court ruled in the first instance that Jiaduobao immediately stopped the infringement of false propaganda and commercial slander involved in the case, and compensated Wang Laoji for economic losses and reasonable expenses of 5 million yuan. At the same time, it was necessary to publish a statement in Guangzhou Daily and the home page of Jiaduobao Group in official website and publicly apologize.

in fact, the final result of this three-year "formula" dispute is that both formulas are authentic.

According to public information, since June 213, the court has pronounced sentences on eight cases involving trademark, decoration, advertising language and other acts. At present, Jiaduobao has to pay nearly 2 million yuan in compensation. In 213 alone, the advertising cost of Jiaduobao titled "Good Voice of China" was as high as 2 million yuan.

who is the ultimate winner of this endless litigation dispute is still unknown.

question 6: why did the dispute between jiaduobao and Wang laoji arise? In fact, the trademark Wang Laoji is the main trademark contract signed by Jiaduobao Group from Guangyao Wang Laoji. It's not Jiaduobao's own brand.

It will expire in 213, so recently, advertisements for changing the name of Red Canned Herbal Tea to Jiaduobao will be seen in major media such as TV.

Attachment: The relationship between Guangzhou Pharmaceutical and Jiaduobao

The main trademark contract was signed in 2 (the time limit is until 21);

The first supplementary agreement was signed in November 22 (the time limit was extended to 213), after Li Yimin, the former boss of GPHL, accepted HK$ 2 million from Chen Hongdao, the chairman of Hong Kong Hongding Group;

In June 23, the second supplementary agreement was signed (the time limit was extended to 22), and Li Yimin accepted HK$ 1 million from Chen Hongdao, and then Li Yimin was dismissed;

In November, 21, GPHL announced that the brand value of Wang Laoji was over 1 billion in Beijing, and then Jiaduobao issued a statement to clarify that there was no affiliation with GPHL, making the contradiction public.

in April 211, Guangzhou Pharmaceutical submitted an arbitration application for "Wang Lao Ji trademark";

in December 211, the "Wang Lao Ji trademark" case entered the arbitration procedure;

On May 11th, 212, GPHL received an award dated May 9th, 212 from China International Economic and Trade Arbitration Commission, and GPHL won the case.

On May 15th, 212, GPHL won the trademark of Wang Laoji [2].

question 7: what is the story of the brand dispute between jiaduobao and Wang laoji? The origin and development of the brand dispute between Jiaduobao and Wang Laoji

In fact, the trademark of Wang Laoji is the main trademark contract signed by Guang

Laojina. It's not from jiaduobao.

It will expire in 213. Therefore, recently, advertisements of Red Cans

renamed Jiaduobao will be seen in major media such as TV.

Attachment: The relationship between GPHL and Jiaduobao

The main trademark contract was signed in 2 (the time limit is until 21);

The first supplementary agreement was signed in November 22 (the time limit was extended to 213), after which the former boss of GPHL

accepted HK$ 2 million from the chairman of Hong Kong Hongdao Group

;

signed the second supplementary agreement in June 23 (the time limit was extended to

),

accepted

HK$ 1 million, and then

was dismissed;

In November 21, GPHL announced that Wang Laoji

exceeded 1 billion in Beijing, and then Jiaduobao issued a statement clarifying that there was no

between GPHL and GPHL, making the contradiction public;

in April 211, Guangzhou Pharmaceutical submitted an arbitration application for "Wang Lao Ji trademark";

in December 211, the "Wang Lao Ji trademark" case entered the arbitration procedure;

On May 11th, 212, GPHL received an award dated May 9th, 212, and GPHL won the case.

On May 15th, 212, GPHL won the trademark of Wang Laoji

Then Jiaduobao registered the brand of "Jiaduobao", and regained the main market of herbal tea under the fierce publicity, advertising, public relations and marketing attack of Jiaduobao.

question 8: the trademark war of jiaduobao group is accompanied by the slogan "drink Wang Lao Ji if you are afraid of getting angry", and "Wang Lao Ji" has become a well-known herbal tea brand. However, in 212, several companies related to "Wang Lao Ji" launched a trademark and brand confrontation, which made Wang Lao Ji quite "angry". On April 11th, 211, Jiaduobao Group, to which the red can "Wang Lao Ji" belongs, held a press conference, claiming that it had been collecting evidence and reporting the unfair competition behavior of GPHL to the Trademark Section of Chengdu Administration for Industry and Commerce and the Law Enforcement Department on the grounds that "the unique packaging and decoration rights of famous products of" Wang Lao Ji "were infringed". This statement originated from Guangzhou Pharmaceutical Group's announcement that it had licensed the trademark "Wang Lao Ji" to Guangdong Guangliang Industrial Co., Ltd., mainly for non-herbal tea products. In fact, at the just-concluded Chengdu Spring Sugar and Wine Party in 211, two products of "Wang Lao Ji" brand appeared on the booth of Guangliang Industry, including "Wang Lao Ji" solid porridge and lotus seed mung bean refreshing health porridge, all of which were in red outer packaging and yellow "Wang Lao Ji" shape. The package indicates that the products are authorized by Guangzhou Pharmaceutical Group and distributed by Guangliang Industry. Jiaduobao said that in the trademark registration inquiry of the Industrial and Commercial Bureau, it was learned that the category of porridge products was not included in the trademark registration applied by Guangyao, and the "Wang Lao Ji" porridge products were registered by the natural person Wang Fusheng. Guangyao was authorized without the ownership of porridge trademarks, which was suspected of breaking the law. Moreover, although the two "Wang Lao Ji" products newly launched by Guangliang Industry are not herbal teas, their shapes are very similar to the red pot "Wang Lao Ji" herbal tea produced by Jiaduobao, which is suspected of infringement. On the other hand, Guangzhou Pharmaceutical said that the production and sales of herbal tea beverages authorized by Jiaduobao by Guangzhou Pharmaceutical Group did not conflict with the non-herbal tea business authorized by Guangliang Industry. In addition, the dispute between the two sides is still escalating and fermenting. On March 4th, 212, GPHL announced that it had signed an agreement with Guangzhou Baiyunshan Hutchison Whampoa Chinese Medicine Co., Ltd.. Baiyunshan and Huang handed over their series of Baiyunshan herbal tea products to Wang Laoji Pharmaceutical as the general agent. After the cooperation between the two parties, Guangyao will include Baiyunshan herbal tea into the sales channel of "Wang Lao Ji" herbal tea. It is widely believed in the industry that Wang Laoji's "red-green dispute" will be upgraded to a "red-green-white" melee. Subsequently, Jianyi Wang, a direct descendant of "Wang Lao Ji", publicly expressed his support for Jiaduobao, which made another force in the trademark battle of "Wang Lao Ji" surface. This statement makes the industry believe that the situation of Wang Laoji's "red-green dispute" has reversed, and the future trend has become more confusing. According to the data, Jianyi Wang is the fifth-generation great-granddaughter of Wang Zebang, the founder of "Wang Lao Ji". In 1993, she became the executive director of the family business Hong Kong Wang Lao Ji International Co., Ltd., and is the holder of the overseas trademark of "Wang Lao Ji". In November, 24, Tongxing Pharmaceutical announced that it would invest in Wanglaoji Pharmaceutical, and Guangzhou Pharmaceutical's equity in Wanglaoji dropped from 94.28% to 48.456%, which tied with Tongxing as the largest shareholder, and the remaining 3.97% was held by natural persons. In March 211, Jianyi Wang became the chairman of Tongxing Pharmaceutical, and in January 212, he succeeded Shi Shaobin as the chairman of Wang Laoji Pharmaceutical. According to sources, Jiaduobao hopes to use Jianyi Wang to put pressure on Guangzhou Pharmaceutical to transfer the trademark of "Wang Lao Ji" to Wang Lao Ji Pharmaceutical, a joint venture between Tongxing Pharmaceutical and Guangzhou Pharmaceutical, so as to keep its rights and interests of continuing to use "Wang Lao Ji". In fact, the "red-green dispute" between GPHL and Jiaduobao has been going on for a long time. In November 212, GPHL held a press conference, claiming that its trademark "Wang Lao Ji" was valued at 18.15 billion yuan, making it the first brand in China. Subsequently, Jia Duobao, the manufacturer of the red can "Wang Lao Ji", issued a clarification statement in its official website, saying that the red can Wang Lao Ji was produced and sold by Jia Duobao, a mainland company of Hongdao (Group) in Hong Kong, and had no affiliation with Guangzhou Pharmaceutical Co., Ltd., and moved the story behind the two kinds of packaging Wang Lao Ji to the stage. According to the data, Wang Lao Ji was founded by Wang Zebang in 183, and split into two after liberation. The trademark of Wang Lao Ji in China was classified as a state-owned enterprise, while the brand of "Wang Lao Ji" in other countries and regions, including China and Hongkong, was still passed down by Wang Zebang's descendants. On February 12, 1997, GPHL registered and applied for the trademark of "Wang Lao Ji". One day later, GPHL signed a trademark licensing contract with Hong Kong Hongdao Group. Hongdao has obtained the exclusive right to use "Wang Lao Ji" red cans for production and sales, and the contract is valid until December 31, 211. According to the Voice of Economics "Transaction Reality" report, the protracted Wang Laoji trademark dispute worth 18 billion yuan in the first case of Chinese trademarks has finally come to a conclusion. On the evening of May 11, 212, Guangzhou Pharmaceutical Co., Ltd. issued a notice in Hong Kong, saying that according to the award of China International Economic and Trade Arbitration Commission on May 9, 212, Guangzhou Pharmaceutical Co., Ltd. > >

Question 9: Who is the winner in the trademark dispute of Wang Laoji? First of all, Wang Laoji's trademark is the trademark right owned by Wang Laoji's descendants, because the joint venture of companies after liberation has become a state-owned right.

Wang Lao Ji's trademark right. Except for Chinese mainland, the holders of this trademark are descendants of Wang Lao Ji. Therefore, Wang Lao Ji's trademark ownership has a specific statement about the past history.

Wang Lao Ji's trademark jumped from a famous brand in Guangdong.