In the 1970s, the three wineries of Yichuan Dukang, Ruyang Dukang and Baishui Dukang were established
In fact, as early as the 1970s, the three wineries of Yichuan Dukang, Ruyang Dukang and Baishui Dukang were established. The factory was established to produce Dukang wine. The three Dukang wineries all wanted to apply for the "Dukang" trademark. With the coordination of multiple government departments, Yichuan Dukang registered the "Dukang" trademark, and Ruyang Dukang and Baishui Dukang used it together. In 1983, when the Trademark Law was implemented, the three companies signed a cooperation agreement, and Yichuan Dukang licensed the latter two companies to use the "Dukang" trademark.
In 1992, the "Dukang" trademark entered the renewal period, and the three companies once again had disputes over trademark issues, but no coordination was reached. In 1996, after Baishui Dukang's application, the Trademark Office approved its "Baishui Dukang" trademark. Yichuan Dukang and Ruyang Dukang merged in 2009 and both belong to Luoyang Dukang. The "Dukang" trademark is used by Luoyang Dukang.
Luoyang Dukang and Baishui Dukang reported and sued over "trademark infringement" issues
After integrating the two Dukangs and promoting their brands, Luoyang Dukang filed lawsuits against Baishui Dukang across the country Report and prosecute issues related to "trademark infringement". Over the years, the two parties have gone to court many times over trademark disputes in Shaanxi, Henan and other places, with each side winning or losing. Zhang Han, the attorney for Luoyang Dukang, said that Luoyang Dukang mainly chooses to initiate litigation in areas where the other party’s infringement is serious. There have been lawsuits in different regions, such as Beijing, Shanghai, Tianjin, and Luoyang. The reason for choosing the lawsuit is to consider the regions where serious infringements are found. It may be that his infringing products are more numerous, last longer, and have a more severe impact.
In the many previous lawsuits and counterclaims between the two parties, in addition to the companies' respective opinions, the courts in the provinces where the two companies are located also have different "views." For example, in a lawsuit, the Intermediate People's Court of Luoyang, Henan Province found that the word "Dukang" on the actual goods and packaging of the goods involved in the case was in a prominent position, which was the same as the "Dukang" trademark of Luoyang Dukang, which could easily cause confusion and misunderstanding among consumers. Baishui Dukang constitutes an infringement on the exclusive right of the "Dukang" trademark. The Shaanxi Higher People's Court believes that the registered trademark "Dukang" and the registered trademark containing the word "Dukang" currently exist legally in the market. Luoyang Dukang's printing of "the sole holder of the Dukang trademark" on the outer packaging of its products affects its competitors. Goodwill and so on.
Experts: Both sides had better stop the internal fighting as soon as possible to seek the ultimate win
Liquor marketing expert Xiao Zhuqing analyzed that although the two liquor companies are similar in product price, they are not as good in marketing and appearance. There are differences in other aspects. Henan Dukang is unstable and often changes general managers. The first general manager has a new style of play and overthrows the previous ones and starts over. Henan Dukang has not developed in the constant tossing. Shaanxi Dukang has always been relatively conservative and has been unwilling to invest heavily in brand building. It feels like running a small business, and the entire market is gradually shrinking. Henan Dukang pays great attention to appearance design, and the peonies on the bottle are close to other places. Shaanxi Dukang has no distinctive features. The price range is mainly around 100 yuan.
Xiao Zhuqing believes that many years of trademark disputes have had a negative impact on business operations to a certain extent. It is best for both parties to stop fighting as soon as possible and seek a maximum win. At present, the entire "Dukang" brand is marginalized. The two Dukangs are trying to grab each other's territory and take advantage of each other. No one is willing to contribute to the "Dukang" brand because the "Dukang" trademark dispute has been going on for decades, and Liquor market share has changed dramatically. Market share is concentrated among oligarchs, big brands and provincial leading companies, so the two Dukang companies have not built their own base markets in the competition with first-tier brands. As the competitive landscape becomes increasingly fierce, life for the two Dukang companies will become even more difficult. No one wins in a fight. I hope that both companies can develop together and benefit from each other.