" Good wife " packaging and decoration
" True wife " packaging and decoration
"Good wife" shop
"True wife" shop
A few days ago, the Third People’s Court of Dongguan made a first-instance judgment on the above-mentioned case. The company was sentenced to stop the infringement and compensated the wife for a total of 800,000 yuan in economic losses including reasonable rights protection. Both parties subsequently appealed, and the case is currently undergoing second instance in the Dongguan Intermediate People's Court.
"Good wife" sued "True wife" for claiming 5 million yuan
In November last year, the good wife company went to the Third People’s Court of Dongguan City to sue the true home company, saying that its company began researching, developing, producing and selling the “good wife†brand drying racks in 1999, and from 2013, the brand image was comprehensively Plastic upgrade, determine the purple and yellow color tone of the product identification system, use the "Hotata good wife" brand image logo, while designing the packaging of the clothes rack, decoration and shop decoration of the self-operated store.
In 2016, the good wife company found that the company was not allowed to copy the packaging of the "good wife" drying racks, and opened a number of counterfeit plaintiff self-operated stores in the country, selling a large number of counterfeit drying racks. .
According to the good wife company, the packaging and decoration of the drying racks manufactured and sold by Zhenxiang Company are very similar to the “good wife†drying racks in terms of color, font and layout. Even the brochures and models of the drying racks are imitate. The decoration of the door, the decoration of the store and the display of the store in Xiamen, which is authorized by the company, are similar to the decoration of the self-operated store of the “good wife†drying rack.
The good wife company believes that the true home company as a drying rack peer enterprise, knowing that the "good wife" drying rack is a well-known commodity of the wife company, still making the above counterfeit packaging and authorized to open the store behavior, obviously deliberately misleading consumers, resulting in The confusion of "good wife" well-known goods. The unfair competition behavior of the true home company disrupted the normal market order, affected the sales volume and profit of the good wife's products, and caused great damage to the company's goodwill.
The good wife company requested the court to order the true home company to immediately stop its unfair competition, destroy the outer packaging, brochures and other materials, eliminate the existing store door, facade, interior decoration style, and openly publicize in the designated media. The wife company apologized and abolished the impact. The company wanted to compensate the economic loss of 5 million yuan and bear the expenses of 80,000 yuan paid by the wife company for the rights protection.
"Real wife" majority shareholder used to be a "good wife" dealer
During the trial, the good wife company said that Luo Mou, a shareholder of Zhenxiang Company, had worked for the good wife company, and most other shareholders were also dealers of the good wife's drying rack products. The good wife company believes that it is precisely because of the huge sales prospects of the well-known products of the good wife company, that several dealers have established the real thinker company with the market interests of well-known commodities, and used the improper means to manufacture and sell the well-known wife of the counterfeit company. Commodity, subjective malfeasibility of infringement is very obvious, causing serious losses to the market interests of the good wife company.
The true home company argues that the packaging and decoration of the "good wife" drying racks are not unique to the packaging and decoration of well-known products. The behavior of the true home company does not constitute unfair competition and infringement.
The court of first instance held that "the real wife" deliberately "free rides"
The Third People's Court of Dongguan City held that, according to the relevant laws and regulations, the operator must not use the name, packaging, decoration, or the name, packaging, and decoration similar to the well-known goods, which is confused with other famous products. , causing buyers to misunderstand, thereby damaging competitors.
The court found that the true home company could not prove that the packaging and decoration of the "true wife" washing machine was designed or used independently. The above building materials store could not prove that the shop decoration was designed independently or used first. The legal representative and majority shareholder of the company and the building materials store were once the dealers of the good wife company. The “True wife†washing machine produced and sold used the overall packaging and decoration similar to the “good wife†drying rack. It just shows the popularity of the "good wife" drying rack and the decoration of its packaging, decoration and specialty store to identify the source of the goods, reflecting the subjective intention of the "free rider".
The court found that the true home company constituted unfair competition, and should bear the legal responsibility of stopping the infringement and compensating for the loss. The verdict immediately stopped using the unfair competition of the packaging and decoration of the goods similar to the "good wife" drying rack. , destroy the packaging of goods, brochures and other information. The verdict company, a building materials store in Xiamen City, immediately stopped using the unfair competition behavior of the shop decoration similar to the self-operated store of the good wife company, and immediately eliminated the existing infringement decoration style.
The court of first instance held that since the good wife company did not provide sufficient evidence to prove its losses due to the infringement involved in the case or the interests of the true home company due to the infringement, according to relevant laws and regulations, the court comprehensively considers various factors and determines the true feelings as appropriate. The company has compensated 80,000 yuan for the economic loss of the wife company including reasonable rights protection.
Regarding the request of the good wife company to ask the true company to publicly apologize and eliminate the influence in the media, the court of first instance held that the apology is a civil liability for infringement of personal rights, and the good wife company failed to prove the infringement of the company. The behavior caused the personal interests to be impaired, so the claim for apology was not supported.
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