In 2000, as the owner of Wang Laoji trademark, GPHL signed a contract with Hongdao Group, the parent company of Jiaduobao, stipulating that the lease term of Wang Laoji trademark was 2065438+May 3, 2000. Since then, the two sides have signed two supplementary agreements to extend the lease term of the trademark. However, because Jiaduobao bribed Li Yimin, the former general manager of GPHL, for more than HK$ 3 million, it renewed 10 year. 20 1 165438 February, the two parties formally went to court, and the arbitration result was finally announced more than 380 days later.
With the final judgments of Beijing No.1 Intermediate People's Court on July 20 12 and 13, the trademark contract dispute case of1800 million yuan rejected the application of Jiaduobao's parent company Hongdao Group to revoke the arbitration result of Wang Laoji. This means that the trademark case of Wang Laoji, which lasted for 445 days, officially ended with the victory of Guangzhou Pharmaceutical Group. Guangzhou Pharmaceutical Group recovered the production and management rights of red canned and red bottled Wang Laoji herbal tea of Hongdao (Group) Co., Ltd., and the trademark lease of Wang Laoji was overdue. Guangzhou Pharmaceutical Group recovered it reasonably according to law.
According to the ruling, the Supplementary Agreement of Wang Laoji Trademark License and the Supplementary Agreement of Wang Laoji Trademark License Contract signed by GPHL and Hongdao Group are invalid; Hongdao Group stopped using the trademark "Wang Lao Ji"; Both parties shall bear 50% of the arbitration fee. The award is final and takes effect as of the date it is made.
After Guangzhou Pharmaceutical won the case, Ni Yidong said that he reserved the right to sue Jiaduobao for losses from May 3, 20 10. The amount of compensation requested is still under internal discussion and has not yet been determined. "It will combine production and operation, as well as the international practice of trademark infringement.
It is worth noting that just when the "red-green Wang Laoji dispute" is in full swing, Jiaduobao has quietly started to go to Wang Laoji. From the end of 20 1 1, the red pot of Wang Lao Ji herbal tea produced by Jiaduobao was packaged in a newly designed product, which was regarded as the beginning of "Wang Lao Ji" by the outside world. For a time, one side of the red can was "Wang Lao Ji" and the other side was "Jiaduobao".
On the other hand, GPHL is actively recruiting. Although there is no public suspense in the "red-green dispute", GPHL has issued an emergency recruitment announcement. On may 10, the first phase of emergency recruitment of Guangzhou Wang Lao Ji Da Health Industry Co., Ltd. was released in official website, GPHL, claiming that its wholly-owned subsidiary Guangzhou Wang Lao Ji Da Health Industry Co., Ltd. urgently recruited 3,000 "fast-disappearing talents". This move was interpreted by the outside world as recruiting talents for the "red pot" Wang Laoji in advance.
Renamed storm
The promulgation of a ban in a lawsuit finally made Wang Laoji's "renaming" storm clear and the truth was revealed to the world.
2013,65438+/kloc-0,31,Guangzhou Intermediate People's Court ruled that Jiaduobao made false propaganda and misled consumers. The court held that in order to prevent the ongoing false propaganda from irretrievably damaging the legitimate rights and interests of the plaintiff in this case, it is necessary to prohibit Jiaduobao and Peng who placed relevant billboards in the business premises from carrying out the above false propaganda. Therefore, the court made an injunction (civil ruling ((20 12) Sui No.263) in accordance with the law, demanding that the respondent such as Jiaduobao immediately stop using the name of "Wang Lao Ji as Jiaduobao", "Red Canned Herbal Tea with the leading domestic sales volume as Jiaduobao" or similar advertising, and the injunction will take effect immediately.
The next day, Wang Laoji held a press conference, saying that he would start legal procedures and fully investigate the legal responsibility of Jiaduobao's false propaganda nationwide. At the same time, it will also reserve the right to fully investigate the joint liability of units, distributors and individuals who resist the execution, dissemination and publication of false propaganda.
On February 20, 65438, Guangzhou Intermediate People's Court publicly pronounced the case of Wang Laoji's "renaming", ruling that the advertisement of "renaming" launched by Jiaduobao was false and constituted unfair competition. At this point, Wang Laoji's case of "being renamed", which lasted for nearly a year, had the final result after "suing for injunction". The court ruled that the defendant Jiaduobao immediately stopped using the slogan "The leading red pot herbal tea in China was renamed as Jiaduobao", compensated the plaintiff GPHL for its economic loss of RMB100000, paid GPHL a reasonable fee of RMB 8 10/0000, and publicly apologized in the mainstream media.
Jiaduobao replied that it admitted that it had indeed made the advertisement of "the leading red pot herbal tea in China was renamed Jiaduobao", but disagreed with the plaintiff's evidence that there was no misleading element in the advertisement. He also said that the advertisement has also fulfilled all the approval and filing procedures for publication and broadcast, and the form is strict and legal, and the content is true, which can withstand any fair and just judicial review. "Red jar" and "Red jar herbal tea" are the unique names of well-known products of Jiaduobao, which have unique directionality, that is, Jiaduobao products, and there is no misleading. The plaintiff claimed that this kind of advertisement led to social misunderstanding that Wang Laoji was going to die and should bear the burden of proof. As for the slogan "Wang Lao Ji changed his name to Jiaduobao", Jiaduobao has never done it.
Jiaduobao said that there was a dispute between Jiaduobao and Guangyao due to the renaming of advertisements. Although the Guangzhou Intermediate People's Court made a first-instance judgment, it was not the final result. Wang, deputy general manager of the brand department of Jiaduobao Group, told the media that the lawsuit had no impact on the market of Jiaduobao, and Jiaduobao still occupied the leading position of herbal tea. Regarding the verdict of the first instance, Jiaduobao issued a statement saying that it had filed an appeal immediately according to law.