In the life we were used to already
Mom did not work inside old dry Mom
There is ant in the tree on ant
Lion ahead does not have the lion
There is a fish inside piscine sweet shredded meat
There is wife in wife cake
But a consumer of Jiangsu Nanjing Ms. Li
Feel this kind of operation is not quite correct
Incident is reductive
Jiangsu Nanjing consumer the iron lever vermicelli made from bean starch that Ms. Li family is cooked wheaten food. Besides prandial midday, early dinner of the family is basic it is start work with oneself treatment cooked wheaten food is given priority to, now and then also meet lazy buy noodle to the supermarket. However, a few days ago one lazy, let Ms. Li feel to buy hand roll range in the supermarket " it is a thing that how to rely on chart " .
That day, the choose and buy on the goods shelves that Ms. Li is in local supermarket " fine dried noodles of silver-colored silk of roll of abundant Hunan hand " . Ms. Li says, oneself make noodle to oneself from the hand roll side that begins to have mother in a married woman's parents' home in one's childhood, early was used to the friendly feeling with hand roll irreplaceable face and tenacity. However, buy this from the supermarket " fine dried noodles of silver-colored silk of roll of abundant Hunan hand " , accident ground let a family eat a dull insipidity: "Face of this hand roll did not have the feeling of hand roll face how, the flavour that does not have mom simply " . Classics young canvass sees noodle outer packing bag, ms. Li had the discovery that be between tears and smiles: Silver-colored silk fine dried noodles is true, but so-called " hand roll " it is a brand merely however.
Brand interfuse trade name
The staff member response of company of abundant Hunan food says, "Fine dried noodles of silver-colored silk of roll of abundant Hunan hand " not be manual face really, "Roll of abundant Hunan hand " it is a brand only, just machine by manual craft, and was obtained patent.
Find in the supermarket at will " fine dried noodles of silver-colored silk of roll of abundant Hunan hand " , young canvass looks to be able to discover, "Roll of abundant Hunan hand " extreme right underside " R " show this is registered trade mark, the 2nd when endure closely " silver-colored silk fine dried noodles " the trade name that ties this noodle. And diameter only of 3 millimeter " R " font and diameter of 27 millimeter " fine dried noodles of silver-colored silk of roll of abundant Hunan hand " font is compared, almost negligible not plan.
To the consumer of noodle of choose and buy, this expends the outer packing that idea designs quite, it is to be in actually clear without emphasize by accident to consumer " hand roll face " signal. On goods shelves other outer packing of a few noodle also appeared similar case.
Besides the hand roll face of this brand, what sell in the supermarket is not little " hand roll face " , " the hand makes a range " it is mostly the font with registered trade mark, name, color and " XX face " wait for trade name arrange combination, ably brand and trade name completely shirt-sleeve an organic whole, let the noodle of industrialized production, the holiday reachs the long-term and general acknowledge such as nutrition with the mouthfeel of traditional and manual noodle additional advantage of character consumption psychology, achieve misdirect and violate the intent of consumer preference, average consumer is opposite this kind mostly " hand roll face " not differentiate true and false.
Whether does this behavior cheat customer?
To this, sun Jun's lawyer represents office of Sichuan Ming Ju's attorney, " trademark law " in have specific provision, contain beguiling sex, make the public perhaps produces landed unripe mistake to the characteristic such as the quality of commodity easily, must not serve as brand to use; Already the trademark that approve registers does not state this brand is certain and effective necessarily. The trademark that has registered, be like " contain beguiling sex, make the public easily right of the characteristic such as the quality of commodity or mistake of producing area generation " , by brand bureau declare this registered trade mark disables; Other unit or the individual can request brand to evaluate committee to proclaim this registered trade mark is invalid.
And a kind when brand also belongs to food label, should satisfy " pack food label general rule beforehand " regulation, should true, accurate, must not introduce food with the means such as the false, exaggerated, character that make consumer is misunderstood or cheats a gender, graph, also must not use name size or consumer of off color misdirect. Current, a lot of businessmen change the public of some food attribute to register for brand, the core name that regards a product as outer packing brand undertakes use, certain level can make consumer produces wrong understanding to the real property of the product.
Actually, about " face of roll of abundant Hunan hand " controversy did not stop all the time, initiate lawsuit many cases inside countrywide limits even. 2015 up to now, consumer or agency appeal to " face of roll of abundant Hunan hand " in the case, open forensic court decision is amounted to 5 cases. Amid accuses court decision of bring a case to court is medium together, consumer was bought add up to more than yuan 15 thousand " face of roll of abundant Hunan hand " , final businessman is sentenced compensate more than yuan 158 thousand.
Saw this case
Be opposite " consumer rights and interests " had new knowledge?
How should assure oneself legitimate rights and interests so
Not by " black heart businessman " Where is deceit?
Below, and listen to Wen Xiaofa to give everybody popular science
Encounter the following " clause of Xiang Yu the Conqueror "
Dial immediately please " 12315 " inform against!
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