Mention " the fruit juice that collect a source " believe everybody won't unfamiliar, major person has drunk this product. And " the fruit juice that collect a source " the main product that belongs to Beijing to collect banner of limited company of group of source beverage food to fall namely.
The group that collect a source held water 1992. Already built 140 many management entity in the whole nation at present, linked food of tea of vegetables of many mus of 1000 high grade fruit to wait cultivate base, built the sale network that spreads all over the whole nation basically, the agricultural industrialization that compose built north and south of thing of an over or across, vertical be linked together runs a system. Give priority to body with fruit juice industry, formed the industry of the fruit juice that collect a source, fruit that collect a source, agriculture that collect a source to be promoted each other, the new structure of joint development.
The old brand that is so thorough common feelings of people appears the most easily a few " copyist " !
Court of top on December 4, 2018 people releases court of the 2nd batch of people to develop adjudgement function action adequately to protect property right and entrepreneur case of model of legitimate rights and interests.
Among them, he lustre collects Beijing of enroach on of limited company of source can food to collect trade mark right of limited company of source food beverage, score sale gain during tort 103 million yuan, top magic art sentences this company that collect a source finally to compensate for Beijing to collect pecuniary loss of limited company of source food beverage 10 million yuan.
Case reviewing
Beijing collects group of source beverage food to discover one has to be called He lustre to collect the product that limited company of source can food produces to be suspected of the trade mark right of tort oneself in Shandong, told its the court.
Beijing collects a source to appeal to say
Beijing collects source company to sue to court of first instance say: Its are the obligee of the 4683709th the 1643301st date, brand, two brand approve registers above to fasten the 32nd kind in business class, now inside protective period. Beijing collects source company to use two registered trade mark as core label all the time go up in the commodity such as fruit drink, fruit juice. Collect the conduct propaganda of source company and sale through Beijing, two brand had been broad consumer witting, the 1643301st brand was versed in by the country on March 12, 2002 commercial firm politics runs bureau of total bureau brand (bureau of brand of the following abbreviation) maintain for well-known logo. Current, "Collect a source " had made trade of Chinese fruit juice the first brand. He lustre collects source company to held water 2011, its collect source company license without Beijing, mass-produced, sale " collect a source " potted commodity, use in website conduct propaganda " collect a source " brand, the outer packing of the goods that produces in its, bottle is stuck, use in the website " He lustre assembles limited company of source can food " company name. Because the 4683709th the 1643301st date, brand ties celebrated trade mark, he lustre collects source company to use " collect a source " label and " collect a source " the behavior of the name makes brand tort and unfair competition, to Beijing the company that collect a source caused severe fame loss and pecuniary loss, reason to forensic to lodge a complaint, the request sentences your He lustre the company that collect a source: 1, the enroach on in stopping to be publicized in production, sale and website the behavior of afore-mentioned two trade mark right; 2, disuse changes company name; 3, in " Chinese industrial and commercial newspaper " etc make a statement on newspaper in order to remove undesirable effect; 4, compensatory pecuniary loss and reasonable charge bear this case lawsuit cost 100 million yuan.
Be suspected of tort brand
He lustre collects source argue to say
He lustre collects source company to rejoin say: Its not the trade mark right that enroach on Beijing assembles source company, also do not make unfair competition. Its prime cause is: 1, He lustre collects source company to use " " literal brand is to register be in the 29th kind, the registered trade mark that registers date to be the 7400527th, the two brand approve that with Beijing the company that collect a source asks to protect registers merchandise category to differ, and He lustre collects source company to used this brand to pass accredit, turn entrust wait for formalities, its make appliance has lawful source, reason He lustre the behavior of the company that collect a source not trade mark right of table of enroach on experience. 2, because He lustre collected source company to obtain the 242665th before hold water " article of the graph that collect a source " the access of brand, this brand is registered antedate the two brand that Beijing collects source company to ask to protect, to keep consistent with this brand, and via this trade mark right person accredit, he lustre collected source company to file present company name, accordingly, he lustre collects source company to use " collect a source " the behavior of the name does not make unfair competition. 3, He lustre assembles source company from hold water to be in deficit condition all the time up to now, do not have gain, because this Beijing collects the compensation of source company position,the loss does not have a basis.
Supreme court court decision
The time that spends nearly 3 years later, passed the investigation of many sided, he lustre collects source enroach on to collect source group trade mark right and unfair competition one case ends.
According to " code of civil law of People's Republic of China " , top people court make final judgment adjudicate:
One, maintain Shandong to save senior people court (2014) Lu Min 3 first word the 2nd civil judgment the first, 2 mix 4;
2, modificatory Shandong saves senior people court (2014) Lu Min 3 first the 2nd civil judgment is the word the 3rd times He lustre collects limited company of source can food to rise at adjudicating the day of become effective originally 10 compensate for Beijing to collect a source in a few days food;
3, a:appellant request that rejects He lustre to assemble limited company of source can food.
In recent years, top people court also explains through making administration of justice, normative sex file, release guiding case, typical case to wait for a form, advocate ceaselessly use compensation of the sex that reduce an amount, reasonable expenditure the means such as alone computation raises the intellectual property case such as brand tort to compensate for amount.
"Below the condition that this case people court did not set to castigatory sex compensates for a system in active law, use the sex that reduce an amount to compensate for a method, increase the castigatory strength of pair of intellectual property tort, congener to processing case has typical and how-to value. " relevant staff member says.
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