Inc. of A donkey-hide gelatin is company of country's biggest production of donkey-hide gelatin product east, through extensive, persistent advertisement conduct propaganda, produce quality because of its at the same time the quantity is excellent, obtained in consumer taller famous degree. "East A donkey-hide gelatin " brand is versed in by the country bureau of brand of management board of commercial firm politics is maintained for well-known logo, also obtained Shandong to save award of science and technology, national quality award, " China old name " wait for honor.
East person of trade mark right of A donkey-hide gelatin east Inc. of A donkey-hide gelatin (next abbreviation east A joint-stock company) tell company of donkey-hide gelatin of Shandong glue city the court with the identity of accuser, sue defendant unfair competition behavior, front courtyard of intellectual property of Yu Hang court heard this case publicly.
Joint-stock company sues A east say, since 2010, accuser begins to use experience record pack, decorate, pack with respect to this applied for the exterior to design patent and copyright to register. And glue city firm passes day cat " store of glue city flagship " of a large number of sales " glue city " donkey-hide gelatin no matter the main body color from the box that pack or main character are packing a box to go up arrange combination, all with accuser " east card of A donkey-hide gelatin " donkey-hide gelatin product is packed, decorate is identical, make purchaser considers as accuser donkey-hide gelatin the product by accident easily. Accuser thinks the behavior of the accused made unfair competition, caused huge pecuniary loss to accuser, for this, appeal to to the court.
Yu Hang court thinks via cognizance: Above all, according to the regulation of relevant law, the product of accuser should be maintained for " oppose unfair competition law " medium famous merchandise.
Next, it is OK that the experience record that accuser uses is packed cognizance prosecutor firm is peculiar, the course is used for a long time, the action that distinguishs commodity source reached since, those who belong to famous merchandise is peculiar pack, decorate.
Again, defendant company uses pack, of decorate and accuser pack, decorate is identical on the feature of main and remarkable vision that consumer observes easily, enough makes relevant public promiscuous to the origin generation of commodity with mistake, should maintain to be packed approximately, decorate, made unfair competition, belong to the enterprise that same area gives priority to with producing donkey-hide gelatin together in view of firm of city of the accused glue and accuser, its ought to witting accuser east product of A donkey-hide gelatin is packed still do not grant reasonable avoid let, subjective fault is apparent, and sales volume of experience case product is huge, the specified amount of 2 million yuan of compensation that reason court holds finally to accuser gives sum supports.
The judge sends word
The peculiar decorate that pack is to point to those who have the merchandise of the striking feature that distinguishs commodity source to pack, decorate. If as famous as other commodity is used on same goods identical or on the vision basic indiscriminate commodity is packed, decorate, cause and other people is famous of commodity interblend confuse, the unfair competition that makes the peculiar to other commodity decoration that pack. Accordingly, in the process that packs a design in the product, adopting fluky mentality, take famous commodity " car " , wrap around famous merchandise " appearance " behavior absolutely no good.
