Dong’er Ejiao Co., Ltd. is the largest domestic Ejiao product manufacturer. After extensive and continuous advertising, at the same time, due to its excellent quality of its products, it has gained a high reputation among consumers. The “East Ejiao” trademark was identified as a well -known trademark by the Trademark Bureau of the State Administration for Industry and Commerce. It also won the honor of the Shandong Provincial Science and Technology Award, the National Quality Award, and the “Chinese Lao Zee”.

Recently, the Wenzhou Intermediate People’s Court (hereinafter referred to as Wenzhou Intermediate People’s Court) in Zhejiang Province (hereinafter referred to as the Wenzhou Intermediate Court) to Dong’er Ejiao Co., Ltd. (hereinafter referred to as Dong’er Ejiao Company) complained to Shandong East Arenkang Ejiao Products Co., Ltd. Yijiaotang Biotechnology Development Co., Ltd. (hereinafter referred to as Yijiaotang Company) and Wenzhou Mayor’s Pharmaceutical House (hereinafter referred to as Changjin Pharmaceutical Houses) violate trademark rights and unfair competition disputes.

Wenzhou Central Court ordered Dong Arenkang Company and Yijiaotang Company to immediately stop infringing the special rights of registered trademarks for the “Boiling Plastic Map” of Dong Ejiao Company; The decorative Ejiao cake products, and destroy the inventory infringement packaging; the Ejiao cake products that grow into the use of the infringing packaging and decoration involved in the pharmaceutical room; Dong Arenkang Company and Yijiaotang Company compensate the economic losses and reasonable costs of East Ejiao Company of 500,000 yuan Essence

East Ejiao quotes lawsuits

It is understood that East Ejiao Company was established in June 1994. The business scope includes the production and sales of drugs within the scope of the license approval, and the production and sales of health foods within the scope of the license approval. Produced from Dongjia Ejiao brand, Lingling brand health food, etc. Dong’e Ejiao Company is “East Ejiao” No. 1708470, “East Ejiao”, No. 9503182 “Boiled Glossal Map” trademark owner.

In September 2010, Dong’er Ejiao Company adopted the innovative design of the outer packaging box of Ejiao products: the appearance of the box body is black as a whole, and it extends to the box from the right edge of the box cover to the box. The rectangular vertical strip on both sides of the cover, the rectangular vertical strip has vertical arranged fonts, indicating that the font of the product uses relief printing, which is obvious from the corresponding background; The base color of the vertical strip and seal pattern is red, which is in a strong contrast with the black box body. The packaging decoration color is strong and beautiful, and is well known to related consumers in the large number of sales of Ejiao products. In addition, Dong’er Ejiao also enjoys honors such as “Chinese old names”.

Dong’er Ejiao found that the “Yijiao Hall” Ejiao cakes sold in the pharmacy use the logo similar to the registered trademark of the East Ejiao Company. Those who mistakenly believe that it is an Ejiao product produced by Dong’e Ejiao. The manufacturer indicated on the “Yijiao Hall” Ejiao Cake Packaging is Dong Arenkang Company, and the producer is Yijiaotang Company. Dong’er Ejiao Company sued the Wenzhou Intermediate Court on the grounds that the three defendants infringed their registered trademark rights and unfair competition.

Dong’er Ejiao requested the court to order Dong Arenkang Company and Yijiaotang Company to immediately stop infringing the trademark rights of the Dong Ejiao Company’s “Boiling Plastic Map”; Ejiao’s “East Ejiao brand” Ejiao packaging and decoration of Ejiao cake products, and destroy the infringement inventory packaging; the long -term pharmacy immediately stops the sale of Ejiao cake products that are similar to the “East Ejiao brand” Ejiao packaging decoration; Renkang Company and Yijiaotang Company compensated Dong’er Ejiao’s economic loss and reasonable costs of 1 million yuan, and the pharmaceutical houses were liable for the 50,000 yuan of them.

The defendant argued that there was no infringement

Dong Arenkang argued that the registered trademarks of the “Boiling Plugs” and “East Ejiao” were Shandong Dong Ejiao Co., Ltd. and Shandong Dong Ejiao Group Co., Ltd., respectively.

Dong’er Ejiao has no right to claim the right to claim the above registered trademark

Essence

The default infringement product is customized by Yijiaotang Company. The packaging box is provided by Yijiaotang Company and sold by Yijiaotang Company to a long -term pharmacy. There is no interest relationship in the case, so East Ejiao Company sued that Dong Arenkang has no factual basis.

In addition, the infringing product is a food, and the Ejiao products produced by Dong’er Ejiao are non -prescription drugs. The two belong to different commodities categories, and the product effects and the edible population are different. Therefore Market competition relationships; and the infringing products are obviously different from the packaging and decoration of Ejiao products of East Ejiao Company, which does not constitute improper competition. , It has not violated the special rights of the registered trademark of Dong’er Ejiao; the sales of infringing products are very small, and Yijiaotang has stopped production and sales of tort in infringement products. The amount of compensation is too high, there is no factual and legal basis.

Yijiaotang Company argued that the packaging and decoration of the infringing products and the logo used is obviously different from the East Ejiao Company, which does not constitute infringement. In addition, the infringing product was commissioned by East Arenkang to produce. Although the packaging box was provided by it, the manufacturer should be reviewed.

The pharmaceutical room argued that it was sold and sold in accordance with the law in accordance with the law. After receiving the civil prosecution, it immediately suspended the sales of the infringing products.

The court claimed 500,000

Wenzhou Central Court has found out that the registered trademark of the GMS involved in the case is the registration of Shandong East Ejiao Co., Ltd., which was renamed by Dong’er Ejiao Co., Ltd. Although the invested of advertising, although the relevant entities such as Shandong Erja Co., Ltd., the company only changed the name of the enterprise, Shandong Dongjie Ejiao Co., Ltd. and Dong’er Ejiao are still the same subject.

In addition, the labeling of the infringing product was marked with Dong Arenkang. Dong Arenkang did not deny the production of Ejiao cake products involved in the case. “Trademark, according to this court, even if Dong Arenkang’s defense of the packaging and sales of Ejiao cake products involved in the case is true, it is still the legal production behavior, but it still belongs to the production of Ejiao cake products involved in the case. Corresponding review of the identification and packaging decoration on the packaging box.

Compared with the registered trademark of the “Boiling Glossic Map”, the burn -up map on the infringing product has only left and right mirrors and the difference between a ray of green smoke rising, so the two constitute similar. In addition, the infringement logo is used on Ejiao cake, and Dong’a Apicke Ejiao, which has a well -known trademark, has a great correlation in the product name, commodity category and product packaging and decoration. Confusion and misunderstanding.

At the same time, the infringing products are also packaged in a rectangular black iron box. The lid has a mesh -shaped shadow pattern and adopts an inverted corner design. On the right side of the box lid, there is a wide red vertical strip on the right side of the box. The large font Ejiao cake is also used for relief printing.

The front shape of the packaging box, the visual characteristics distributed by the red and black areas are the same as the product packaging and decoration of the East Ejiao Company. The difference is that the thickness of the packaging box is slightly larger, the trademark on the top left is different, and the text on the background of the red vertical strip has a “cake”. Essence From the perspective of the general attention of ordinary consumers, the same thing between the two in terms of visual characteristics is greater than the differences, which is enough to confuse or misunderstand the relevant public to the source of the product. It should be identified as approximately packaging and decoration. In addition, Endowned Pharmacy has provided valid evidence to prove that the products sold by the department are purchased through legal channels, and Dong’er Ejiao has not objected to this.

Based on this, the court made the aforementioned judgment.

Full text of the judgment:

Wenzhou Intermediate People’s Court, Zhejiang Province

Civil Judgment

(2019) Zhejiang 03 Minchu No. 125

Plaintiff: Dong’er Ejiao Co., Ltd., Ejiao Street, Dong’e County, Shandong Province **.

商标被侵权,东阿阿胶起诉获赔50万(附判决书全文)

Legal representative: Qin XX, general manager.

Entrusted litigation agent: Gao XX, male, company employee.

Litigation agent: Zhang XX, lawyer of Jiangsu XX Law Firm.

Defendant: Shandong East Arenkang Ejiao Products Co., Ltd., Southern Tongyu Road, Tongyu Road, Tongyu Road, Tongyu Road, Tongyu Road, Tongcheng Office of Tongcheng Office, Shandong Province

Legal representative: Qin XX, manager.

Entrusted litigation agent: Yang XX, legal worker of legal service institutes in Dong’e, Shandong Province.

Defendant: Jinan Yijiaotang Biotechnology Development Co., Ltd., Dongzishun North Village, Jinthui Street Office, Pingyin County, Pingyin County, Jinan City, Shandong Province

Legal representative: Lu XX.

Defendant: Wenzhou Mayor’s Pharmacy, where the residence is located in Lucheng District, Wenzhou City, Zhejiang Province, Mercedes -Benz Commercial Building ****

Investor: Lin XX.

The plaintiff East Ejiao Co., Ltd. (hereinafter referred to as Dong’er Ejiao Company) and the defendant Shandong East Arenkang Ejiao Products Co., Ltd. (hereinafter referred to as Dong Arenkang Company), Jinan Yijiaotang Biotechnology Development Co., Ltd. (hereinafter referred to as Yijiao Tang Company Company ), Wenzhou Mayor’s Pharmaceutical House (hereinafter referred to as a pharmaceutical room) infringement of trademark rights and improper competition disputes. After filed the case on March 1, 2019, the collegiate formation was formed in accordance with the law. Trial. Zhang Ruhong and Gao Zhenfeng, an entrusted litigation agent of Dong’erjiao Company, Yang Guangping, the entrusted lawsuit agent of Dong Arenkang Company, Lu Zongnan, the legal representative of Yijiaotang Company, and Lin Cheng, an investor in the pharmacy, reached the court to participate in the lawsuit. After the trial, according to the opinions of the parties, the court organized mediation according to law, but the final mediation failed. This case has been tried in this case.

Dong’er Ejiao Corporation requested the order of this court:

1. Dongja Renkang Company and Yijiaotang Company immediately stopped infringing the trademark rights of the Dong Ejiao Company’s “Boiling Plastic Map”;

2. Dongja Renkang Company and Yijiao Tang immediately stopped unfairly competitive behavior, that is, to stop the production and sales of Ejiao cake products similar to the East Ejiao company “Dong’er Ejiao” Ejiao packaging decoration, and destroy the infringement inventory packaging;

3. Stopping unfair competition immediately after growing into a pharmacy, that is, stop selling Ejiao cake products similar to the Ejiao packaging decoration as the East Ejiao Company “East Ejiao”;

4. Dongja Renkang Company and Yijiaotang Company compensated Dong’er Ejiao’s economic losses and a reasonable cost of rational costs to stop infringement. The pharmacy has been liable for compensation for 50,000 yuan.

Facts and reasons:

Dong’er Ejiao is the largest Ejiao and series of product manufacturers in China. It is “East Ejiao” No. 1708470 and the trademark owner of the plastic map of the plastic map No. 9503182. It reached 7.5 billion yuan.

In September 2010, Dong’er Ejiao Company adopted the innovative design of the outer packaging box of Ejiao products: the appearance of the box body is black as a whole, and it extends to the box from the right edge of the box cover to the box. The rectangular vertical strip on both sides of the cover, the rectangular vertical strip has vertical arranged fonts, indicating that the font of the product uses relief printing, which is obvious from the corresponding background; The base color of the vertical strip and seal pattern is red, which is in a strong contrast with the black box body.

The packaging decoration color is strong and beautiful, and is well known to related consumers in the large number of sales of Ejiao products. The packaging decoration has been established with Ejiao products produced by Dong’er Ejiao, with strong significant and high commercial value.

Dong’e Ejiao found that the “Yijiao Tang” Ejiao cake sold in the “Baixiao Pharmacy” of the Pharmacy uses a logo similar to the registered trademark of Dong Ejiao Company on the “Yijiao Hall” Ejiao cake. The packaging and decoration of Ejiao products are extremely similar, which is easy to make relevant consumers mistakenly believe that it is Ejiao products produced by Dong Ejiao.

After checking, the manufacturer indicated on the “Yijiao Hall” Ejiao cake packaging is Dong Arenkang Company, and the producer is Yijiao Tang. The actions of the above three defendants have infringed the legitimate rights and interests of Dong’er Ejiao, and they should bear the corresponding infringement liability.

Dong Arenkang argued:

1. The trademarks of the “Boiling Glossoms” and “East Ejiao” are Shandong East Ejiao Co., Ltd. and Shandong East Ejiao Group Co., Ltd., respectively. It is not the subject of the plaintiff in this case.

2. The defense of the infringing product is customized production of Yijiaotang Company. The packaging box is provided by Yijiaotang Company and sold by Yijiaotang Company to a pharmacy. There is no interest relationship with this case.

3. The infringing product is food, and the Ejiao products produced by Dong’er Ejiao Company are non -prescription drugs. The two belong to different commodity categories, and the product efficacy and food population are different. Therefore Market competition relationship. In addition, the infringing product is obviously different from the packaging and decoration of Ejiao products from Dong’er Ejiao, which does not constitute unfair competition.

4. The trademark used for infringing products is the “Yijiao Tang” trademark registered by Yijiaotang Company, and it has not infringed the special rights of the registered trademark of Dong’er Ejiao.

5. The sales volume of the infringing products is very small, and Yijiaotang has stopped production and sales of defense infringing products, and there is no malicious subjective subjective. It should not be supported.

Yijiao Tang Company argued:

1. The packaging and decoration of the infringing product and the logo used is obviously different from that of the East Ejiao Company, which does not constitute infringement;

2. The infringing product was commissioned by East Arenkang to produce. Although the packaging box was provided by it, the manufacturer should be reviewed.

Debate the pharmaceutical room:

The pharmacy department is sold and sold in accordance with the law in accordance with the law. After receiving the civil prosecution, the suspension of the defeated infringing product was immediately suspended.

Dong’er Ejiao submitted the following evidence to the court:

1. The first group of evidence: “Packaging Box (Ejiao)” appearance design patent certificate and copy, patent payment receipt, trademark registration certificate No. 9503182, it is planned to prove “Packaging Box (Ejiao)”, which is created by Dong’e Ejiao Company, is known to consumers. At the same time, Dong’er Ejiao Company is also a trademark owner of the gum.

2. The second group of evidence: (2016) East Ah Certificate Scripture No. 284 and No. 286 Notarization, it is planned to prove that the “East Ejiao” trademark is a well -known trademark, and the market is well -known, which is well known to the relevant public.

3. The third group of evidence: the “Shandong Famous Brand” honorary certificate issued in January 2013, the “Shandong Famous Brand” honorary certificate issued on December 23, 2015, and “2014 China Pharmaceutical Industry Member Enterprise Export Five” certificate, The “China Quality Award Nomination Award” certificate issued on December 12, 2013, the “China Quality Award Nomination Award” certificate issued on February 14, 2016, and the “15th National Quality Award” honorary certificate issued in 2015. In 1980, 1985, and 1990, he won the “National Quality Gold Award” medal for three consecutive times. , The “Shandong Provincial Science and Technology Award” certificate issued by the Shandong Provincial People’s Government, the Shandong Provincial Famous Brand Strategic Promotion Committee and the Shandong Provincial Quality Supervision Bureau determined that the Ejiao products produced by East Ejiao Company were certificates of Shandong brand -name products. The “China 500 Most Valuable Brand” certificate, the “East Ejiao Packaging” issued by the Shandong Provincial Tourism Bureau in October 2011 won the silver award certificate of the Innovation Design Contest, and in 1991 East Edaro won the “Great Wall National Gold Award” medal. The honorary certificate of honor of the “2018 2018 through the National Quality Award for Quality Award for Quality Award” issued by the China Quality Association, the “No. 1 in the Field of the 2018 Chinese Medicine Greater Variety Technology Competitiveness Ranking List” issued by the Chinese Traditional Chinese Medicine Association The “Ninth Place of Non -Injecting Category of Competitiveness in the Masterpiece of Chinese Medicine in 2018” issued by the issued by the 2018 Chinese Medicine Masterpiece is planned to prove that Dongjia Ejiao has a good goodwill and has been widely recognized by society.

4. Evidence of the fourth group: Dong’er Ejiao has signed advertising contracts, advertising videos, and advertising costs signed with many companies such as Beijing Herun Detang Media Advertising Co., Ltd. since 2010. It is planned to prove that after many years of advertising, Dong’er Ejiao’s products are well known to the public and have become a well -known product with strong market competitiveness.

5. The fifth group of evidence: Dong’er Ejiao Company has signed sales contracts and receipts recovery with pharmaceutical companies such as Jiangsu Huaxiao Pharmaceutical Logistics Co., Ltd. in 2014. The Shandong Provincial Information Economy and Information Commission proved that the certificate issued by the Shandong Ejiao Industry Association is proposed to prove that the products of Dongjia Ejiao are widely sold throughout the country, which has a high market visibility and is well known to the relevant public.

6. Sixth Group Evidence: (2017) Zhejiang 0110 Civil Judgment No. 11248, South Administration for Industry and Commerce (2016) No. 13001 Administrative Penalty Book, (2014) Civil Judgment No. 24695, (2014) Sea Sea Min (Zhi) Chu Zi No. 20259 Civil Judgment, An City Industry and Commerce Office [2014] No. 49 Administrative Penalty Book, Zi Industrial and Commercial Office [2017] No. 50 Administrative Penalty Decision, (2013) Wenlong’s primary character Criminal judgment No. 105, (2016) Zhejiang 0482 Criminal Criminal Criminal Judgment, which is intended to prove that the iron box packaging involved has been determined to be judged and administrative as a well -known product, as well as production and sales of imitating East Ejiao Company products. Criminal liability for rights protection records.

7. Seventh group of evidence: picture of Dong’er Ejiao’s product outer packaging box, “Ejiao” packaging design drawing copyright registration certificate and work pattern prove that the outdoor advertising photo of the outer packaging box involved in the case in Tai’an and Yantai Dong’er Ejiao’s product outer packaging box is designed independently for the company and has been put into use in 2010 and promoted to this day.

8. Evidence of the eighth group: (2018) Ning Zhong syndrome the notarization of the inner word No. 9897 and the sealed physical objects, which is planned to prove the packaging and decoration of the infringing product and the well -known commodity of East Ejiao Company, Dong’e Ejiao, The packaging decoration is similar.

9. Evidence of the ninth group: The agency contract is entrusted to prove the reasonable expenses paid by Dong’er Ejiao to stop the infringement.

10. Group Tenth Evidence: Trademark registration certificate No. 9503182, it is planned to prove that Dongjia Ejiao Company enjoys the trademark right of “boiled glue”.

11. Eleven Evidence: Copywriting Certificate Certificate, it is planned to prove that “ancient gum maps” were created by the East Ejiao Company.

12. Evidence of the 12th group: Proposal, it is planned to prove that Dong Arenkang’s production and sales of similar products have been filed by Dong’er Ejiao Company. Dong Arenkang Company repeatedly infringement subjective malice and maliciousness, and the infringement circumstances were serious.

Dong Arenkang submitted a “Yijiao Hall” trademark registration certificate to this court, which plans to prove that the registered trademark rights of the infringing product are Yiyi Tong Company. East Arenkang has nothing to do.

Extending the distribution order, sales of sales, business licenses, food business licenses, quality assurance agreements, commissioning books, seal sealing forms, account opening licenses, ticket information, sales contracts, archives forms, archives forms, sales forms, sales contracts, accounting information, sales contracts , Quality Guarantee System Investigation Form, Trademark Authorization, and Inspection Reports, it is planned to prove that the products sold are purchased through legal channels.

After the trial certificate of the court, the three defendants had no objection to the authenticity of the twelve groups provided by Dong’er Ejiao Company, but there was any objection to the correlation between the first to the seventh and the tenth and eleven groups. The legal right holders of related trademarks, patents, and commodity packaging and decoration are not the winners stated by some honorary certificates, and their sales and publicity products are Ejiao, not Ejiao cakes, and they are not related to this case. The packaging and decoration of the infringing product is significantly different from the related products of the East Ejiao Company; there is only a lawyer’s agency contract in the ninth group of evidence, and there is no lawyer fee and notarization payment bill; Products and sales infringe on the intellectual property rights of Dong’er Ejiao Company, but except for June 30, 2018, the production date of the production of infringement products in this case is November 2017, so the three sets of evidence can not prove it to prove it To the facts.

The Court’s review believes that the evidence provided by Dong’er Ejiao has stated that the company’s original name was Shandong East Ejiao Co., Ltd., which is a patent person in the exterior design of the case, and the registered registered by the graphic graphic trademark of the graphic graphic in the case No. 9503182 And the licensed user of the trademark of the “East Ejiao” trademark No. 1708470 is also the subject of the winners of the Honor of the East Ejiao or the main body of the winner. Objectively, the popularity and influence of Dong’e Ejiao Company and all their products. Therefore, the objection proposed by the three defendants cannot be established. As for whether the trademark and goods that the Dong Ejiao claims the rights, the goods are well known to the public and their packaging and decoration It belongs to the packaging and decoration that affects the goods, which will be explained in this court. In the authenticity of the eighth and twelfth group of evidence, the three defendants did not have objections. The court confirmed the content stated by the two groups of evidence. As for whether the objection of the three defendants could be established, some comprehensive analysis of the court will be considered in this court.

Although the evidence of the ninth group does not have relevant bills, the East Ejiao Company has objectively entrusted lawyers to participate in lawsuits and notarization evidence preservation. Whether this part of the rights of rights protection can be supported will be partly described in this court.

The evidence provided by Dong Arenkang Company is a copy of the evidence, and Dong’er Ejiao has objected to its authenticity and proof, and the court will not accept it. The evidence provided by the pharmaceutical room has no objection to its authenticity, correlation, and legitimacy. As for whether the legal source of the legitimate source of the pharmaceutical room can be established, it will consider some comprehensive analysis in this court.

According to the parties’ statement and evidence confirmed by the review, the fact that the court has determined the facts as follows:

one,

Dong’er Ejiao Company is a joint -stock company, which was established on June 4, 1994. It used to use the famous Shandong Ejiao Co., Ltd. to change to the current name in February 2015. The registered capital is 654021537 yuan. The production and sales of health foods within the scope of drugs within the scope, and the production and sales of health foods within the scope of the license approval are commissioned by Shandong East Ejiao Health Products Co., Ltd.

On February 7, 2002, Shandong Dong’er Ejiao Co., Ltd. obtained the exclusive right of registered trademarks for the “East Ejiao” registered trademark No. 1708470. The trademark approved the use of goods to be the 5th type of Ejiao, which was renewed to February 6, 2022. On March 12, 2002, the Trademark Bureau of the State Administration for Industry and Commerce sent a notice to Shandong East Ejiao Co., Ltd., which found that the company registered and used the “East A” trademark on Ejiao Commodity as a well -known trademark.

Since then, the trademark was transferred to Shandong East Ejiao Group Co., Ltd. on August 28, 2002, and on October 21, 2006, it was transferred to China Resources East Ejiao Co., Ltd. on October 21, 2006. On April 15, 2010 and May 10, 2013, with the registration and registration of the Trademark Bureau of the State Administration for Industry and Commerce, China Resources East Ejiao Co., Ltd. licented Shandong East Ejiao Co., Ltd. , Like the deadline until February 6, 2022.

On March 12, 2007, Shandong Dong’er Ejiao Co., Ltd. was registered for copyright registration to the Shandong Provincial Copyright Administration as a copyright-based art. -F-050. Since then, Dong’er Ejiao Company has registered the graphic of the five people in the above art works to register for the graphic of the glue. On June 21, 2012, with the approval of the Trademark Bureau of the State Administration for Industry and Commerce, Shandong East Ejiao Co., Ltd. obtained the exclusive right of registered trademark registered trademark for the graphic registered graphic registered graphics. Products such as powder, non -medical nutrition cream, Guiling cream and other products, the validity period from June 14, 2012 to June 13, 2022.

On July 22, 2010, Shandong Dong’er Ejiao Co., Ltd. applied for the appearance design patent named “Packaging Box (Ejiao)” from the Patent Bureau of the State Intellectual Property Office, and was authorized on January 19, 2011. The patent number was the patent number. 0L20103025 ×××× .2. The design is a combination of shape and pattern. The main point of design lies in the main view of the pattern. Shandong Ejiao Co., Ltd. will be the same as the artistic work as an art work as a copyright person as a copyright person as a copyright person as a copyright person as a copyright owner. -2011-F-1455. Shandong Erjiao Co., Ltd. has used the aforementioned design patent rights in the packaging box in Ejiao since September 2010. On November 21, 2016, the patent patent person was changed to Dong’e Ejiao Company.

In 2015, Dong’er Ejiao was awarded the 15th National Quality Award by the China Quality Association. In 2016, Dong’er Ejiao (Dong’er Ejiao Co., Ltd.) was evaluated by the World Brand Lab and its independent evaluation committee as 2016 (13th) China’s 500 most valuable brand, with brand value evaluation of 14.216 billion yuan. In 2018, Dong’er Ejiao was confirmed three years after winning the National Quality Award of China Quality Association. On December 26, 2018, the Ejiao products of Dong’er Ejiao Company were rated as the first place in the 2018 Chinese Medicine Society as the first place in the 2018 Chinese Medicine Masterpieces. In addition, Dong’er Ejiao also enjoys honor such as “Chinese time”.

Since 2010, Dong’er Ejiao Company has invested a lot of funds to advertise brand and products through the implantation of film and television works, TV advertising, aircraft body name, and outdoor advertising. The certificates issued by the Shandong Provincial Economic and Information Commission, the National Taxation Bureau of Dong’e County, Shandong Province, and the Local Taxation Bureau, and the Shandong Ejiao Industry Association showed that the product sales revenue of Dong Ejiao in 2008 has reached 950 million yuan and the profit is 318 million yuan. The tax amount was 158.9 million yuan. Since then, it has maintained an increase year by year. In 2017, the product sales revenue reached 7.372 billion yuan, the profit was 2.043 billion yuan, and the tax amount was 959 million yuan. one.

two,

On November 22, 2018, Liu Chen, a staff member of Jiangsu Zhibang Law Firm entrusted by Dong’er Ejiao Company for litigation to defend his rights. Xiaoyaofang “grows into a shop and purchased a box of” Yijiao Tang Ejiao Cake “and a box of” Wang Shisheng Huitang Ejiao Cake “, which pays a total of 496 yuan to get a small cashier ticket for the shop. Small tickets stated that 1 box of “Yijiao Tang Ejiao Cake” is 500g, and the unit price is 298 yuan. The Zhongshan notarization of Nanjing City, Jiangsu Province was issued on November 29, 2018 for this (2018) Ning Zhongzhong Certificate No. 9897 Notarization. During the trial, the parties confirmed that the physical packaging stated by the above notarization was intact, and it was unpacked in court. There are trademark signs of “Yijiao Hall” and pinyin. The product producer is Jinan Yijiaotang Biotechnology Development Co., Ltd., and the manufacturer is Shandong Dong Arenkang Ejiao Products Co., Ltd., the production date November 21, 2017.

According to the trial comparison, Dong’er Ejiao believes that the plastic map used on the infringing products in the significant position of the box can distinguish the source of goods, which is a trademark use, and the main characteristics are with Dong’er Ejiao Company No. 9503182 The registered trademark of the burn of glue is similar, and the type of goods used is the same, so it constitutes a trademark infringement.

At the same time, the infringing product is very similar to the packaging and decoration of Ejiao products produced by Dong’er Ejiao Company. The appearance of the two boxes is black as a whole. The rectangular vertical strip on both sides of the box lid, the base color of the rectangular vertical strip is red, and has vertical arranged fonts, and it indicates that the fonts of the product are embossed. There are mesh -shaped rules, and the inverted corner design is adopted; in general, the color ratio of the two in the packaging and decoration and the visual effects produced are basically the same. It is difficult to distinguish between ordinary consumers with general attention and easily leads to consumption consumption. Those who are confused.

Dong Arenkang believes that Dong’er Ejiao’s products produced by Dong’er Ejiao Company are drugs. The infringing product Ejiao cake is food and does not belong to the same product. The trademark it uses is “Yijiao Hall”, which is also different from the trademark of the East Ejiao Company.

In addition, the packaging and decoration of the two are obviously different from the size of the box, product name, panel design, and square icon design on the left. Yijiaotang Company agreed to the opinions of Dong Arenkang Company and added: The tape on the outer packaging of the infringing product is significantly different from the trademark of the burn in the East Ejiao Company, and it does not belong to the trademark use. Those who mistake and confuse. The comparison opinions of Dong Arenkang Company and Yijiaotang Company grow up into the pharmacy.

In addition, Dong’a Renkang issued a commitment to Dong’e Ejiao Company on August 7, 2018 due to the infringement of another case. Early 1907, the product involved in the case: luxurious Ejiao cake] After the case, it violated the intellectual property rights of your company again. In order to express the sincerity of the expression of reconciliation and the determination to no longer infringement, our company promised the company as follows: 2. Our company will no longer produce in the future. , Sales products that violate your company’s intellectual property rights. If we have not complied with this commitment, our company voluntarily compensates for your company RMB 500,000. “

three,

Dong Arenkang Company is a limited liability company. It was established on October 30, 2015 with a registered capital of 10 million yuan. The business scope includes Ejiao series products, food production and sales. Yijiaotang Company is a limited liability company. It was established on December 29, 2015 with a registered capital of 1 million yuan. The business scope includes Ejiao products, rose products, health foods, cosmetics, office supplies wholesale and retail. A wholly -owned enterprise of a pharmacy department, established on November 1, 2016. The business scope includes the sales of drugs, food, cosmetics, other daily necessities, first type of medical devices, and second type of medical equipment.

The court believes that according to the opinions of the two parties, the focus of the controversy in this case is:

I. Whether the relevant subjects in this case are qualified, that is, whether Dong’er Ejiao Company is qualified, and whether Dongja Renkang has a production defense product, whether it is qualified to be the main body of the defendant;

商标被侵权,东阿阿胶起诉获赔50万(附判决书全文)

2. Whether Dongja Renkang Company and Yijiaotang company infringe on the exclusive right of the “Boiling Glossic Map” registered trademark of Dong’e Ejiao Company;

3. Whether the behavior of Dong Arenkang Company, Yijiaotang Company, and the pharmaceutical room is the behavior that uses the similar identification of the product packaging and decoration that has a certain impact on others without authorization, and constitutes unfair competition;

Fourth, whether the legal source of the pharmaceutical house is established;

5. Dong’er Ejiao requires Dong Arenkang Company and Yijiaotang Company to compensate for economic losses and a reasonable cost of rational costs to stop infringement. Essence

About the focus of dispute

According to the facts that the case was found in this case, the registered trademark involved in the case was registered with Shandong East Ejiao Co., Ltd., which was renamed by Dong’er Ejiao Co., Ltd. Although the propaganda investment, although the relevant entities such as Shandong Ejiao Co., Ltd. and other related entities, the company only changed the name of the company. Edarine is the plaintiff’s main body in this case.

In addition, the labeling of the infringing product was marked with the production enterprise of Dong Arenkang. Dong Arenkang did not deny the production of the Ejiao cake products involved in the case. “Trademark, so it is the production and sales of Yijiao Tang Company, and should not be listed as the defendant. The Court’s review believes that even if the Ejiao cake product packaging and sales of Ejiao cake products involved in the case of East Arenkang are true, it is still legal production behavior in the production of Ejiao cake products involved in the case. The identification and packaging and decoration are rationally reviewed, so it should not be supported by Dong Arenkang’s claim that it should not be listed as the defendant.

Regarding the focus of dispute 2

According to Article 57 of the “Trademark Law of the People’s Republic of China” (hereinafter referred to as the “Trademark Law”), the use of trademarks that are similar to its registered trademark on the same commodity can easily lead to confusion. right. According to the comparison of the trademark in this case, the 9503182 boiled graphic graphic registered trademark approves the use of non -medical powder, non -medical nutrition cream, Guiling cream and other products with products in the 30th category, Ejiao cakes in terms of function, use, consumer objects, etc. Similarly, it should belong to similar products, so it belongs to the situation of the same product stipulated in the law. At the same time, compared with the registered trademark of the 9503182, the stirring rubber map on the infringing product has only left and right mirrors and an extra ray of green smoke, so the two constitute similar. Coupled with the use of the infringement logo on the Ejiao cake, the East Apick Ejiao, which has won the famous trademark of the East Ejiao Company, has great correlation with the product name, product category and commodity packaging and decoration. And misunderstanding.

Therefore, the infringement identification of Dong’er Ejiao claims that it is based on the law, and the court supports it. East Arenkang Company and Yijiaotang Company’s defense on its non -constitutional trademark infringement is not adopted. Dong’er Ejiao Corporation requested that Dong Arenkang Company and Yijiaotang Company stopped infringing on the dedicated request for the special rights of the “Boiling Plastic Map” registered trademark of Dong’e Ejiao Company. It has the facts and legal basis, and the court supports it.

Regarding the focus of disputes

The infringement in this case occurred in November 2018. It should be applied to the “Anti -Unfair Competition Law of the People’s Republic of China” before April 23, 2019 (hereinafter referred to as anti -unfair competition law). Article 6 of the Law stipulates that the operator shall not use the same or similar logos such as the name, packaging, and decoration that has a certain impact with others without authorization, which is mistaken for the product or specific connection with others.

In this case, Dong’er Ejiao provided sufficient evidence that it has invested a lot of funds since 2008 to advertise the brand and products through various forms. In 2017, the sales revenue reached 7.372 billion yuan, all of which were the first industry in Shandong Province. Ejiao products were sold to provinces and cities across the country. Many industrial and commercial administrative departments and judicial departments have identified Dong’er Ejiao products from Dong’er Ejiao as well -known products.

Based on the above factors, it is enough to prove that Ejiao’s Ejiao products are well known to the relevant public and have a high reputation. It should be identified as a certain impact in the “Anti -Unfair Competition Law”. Dong’er Ejiao has used a Culture black iron box packaging on Ejiao products since September 2010. The packaging has obtained the appearance design patent and copyright registration. It is unique and through the long -term continuous use, the packaging decoration is decorated in A large number of sales activities are well known by the relevant public and associate it with the Ejiao products of East Ejiao Company, which plays a role in distinguishing the source of goods.

According to the court -pairing situation, the infringing products are also packaged in a rectangular black iron box. The lid has a mesh ruler shadow pattern and adopts an inverted corner design; To the lid, the book large font Ejiao cake, the font also uses relief printing. The front shape of the packaging box, the visual characteristics distributed by the red and black areas are the same as the product packaging and decoration of the East Ejiao Company. The difference is that the thickness of the packaging box is slightly larger, the trademark on the top left is different, and the text on the background of the red vertical strip has a “cake”. And more patterns with the mirror of the “Boiling Glossic Map” with the East Ejiao Company. From the perspective of the general attention of ordinary consumers, the same thing between the two in terms of visual characteristics is greater than the differences, which is enough to confuse or misunderstand the relevant public to the source of the product. It should be identified as approximately packaging and decoration. In summary, the infringement identification of Dong’er Ejiao claims that it is based on the law, and the court supports it. The three defendants were not adopted by the defense that it did not constitute the infringement.

Dong’er Ejiao Company requires Dong Arenkang Company and Yijiaotang Company to stop the production and sales of Ejiao cake products that are similar to the “Dong Ejiao” Ejiao packaging decoration, and destroy the infringement inventory packaging, as well as the required long -term pharmaceutical room Stop sales of litigation requests for infringing products with facts and legal basis, the court supports it.

Regarding the focus of dispute 4

The review of the court believes that the legal sources of the pharmaceutical house are based on the establishment of the defense of the pharmacy. The main reasons are as follows:

First, Article 60, paragraph 2 of the Trademark Law, stipulates that sales do not know that it is a commodity that violates registered trademarks. It can prove that the product is legally obtained and explained by the provider. Essence This legal obtaining the main situation includes the supply list and payment receipt of the supply unit legally signed by the supplier and recognized by the supplier of the supply unit; And the invoice records correspond to the goods involved. In this case, Endowned Pharmacy has provided valid evidence to prove that the products they sold through legal channels are purchased and complied with the above legal conditions, and Dong’er Ejiao has not raised it.

Second, in the case of fake infringement of intellectual property rights, because the registered trademark is registered and publicized, whether the trademark logo is faked infringement, and it is easier to identify and judge compared to whether the product packaging and decoration are faked infringement. Considering the identification ability and attention obligations of general retailers in society, the defense of legal sources has complied with the relevant provisions of the Trademark Law, and should not be paid to the retailers with higher attention in the review of anti -unfair competition cases. obligation.

Third, in terms of retailers’ identification of whether the product packaging and decoration are faked and infringement, if the identification standards and requirements of fake infringement are proposed than the trademark logo, it may greatly increase the difficulty of recognition when retailers purchase, which will affect the circulation of goods Consumption and market transactions are safe and even affect the effective implementation of my country’s expansion of domestic demand and promoting consumer policies.

Regarding the focus of dispute 5

Article 8 of the “Infringement Liability Law” stipulates that if the two or more people implement the infringement behavior and cause damage to others, they shall bear the joint responsibility. In this case, Dong Arenkang Company, as a production enterprise, is produced and sold for infringement products as the producer. Like compensation liability.

At the same time, the behavior of the production and sales of the production and sales of the East Arenkang Company and Yijiaotang Company has constituted trademark infringement and unfair competition. Liability for damage compensation.

Due to the actual losses suffered from infringement in the case of the case in this case, and the benefits of Dongja Renkang Company and Yijiaotang Company, it is difficult to find out. Methods, and comprehensively consider the following factors, Ding Dong Arenkang Company and Yijiaotang Company should compensate East Ejiao Company 500,000 yuan (including reasonable expenditure to stop infringement):

First

, Dong’er Ejiao has continued to invest and promote its Ejiao -related products for many years. Yuan, its brand cultivation advertising is huge;

second

Before Dong Arenkang Company, the infringement of the intellectual property rights of Dong’er Ejiao twice before the case, the subjective maliciousness of repeated infringement should be appropriately aggravated of the liability for damage compensation;

third

In order to stop the infringement, Dong’er Ejiao has spent a certain amount of reasonable expenditure in terms of notarization evidence, lawyer investigation, product purchase, and court litigation; fourth, the number of claimed infringement products that have been found in this case is small. Under the circumstances of Dong’er Ejiao’s failure to prove the sales of other regions of the product, it requires compensation for economic losses and reasonable costs of 1 million yuan to be too high, and should be appropriately reduced.

In addition, according to Article 64, paragraph 2 of the Trademark Law, sales do not know that it is a commodity that violates the exclusive rights of registered trademarks. It can prove that the product is legally obtained and explained the provider, and will not bear the liability for compensation. In this case, the pharmaceutical room has proved to prove that the products they were sold were purchased through legal channels and explained the provider. In this case, Dong’er Ejiao Company did not claim its right to infringe the trademark, and claimed that its behavior constituted unfair competition and required Its compensation for compensation for economic losses is 50,000 yuan. The lawsuit does not meet the legal spirit of fairness and justice, and the court does not support it.

In summary, in accordance with Article 57 (22 of the Trademark Law of the People’s Republic of China “, Article 63, Paragraph 3, and Article 6 of the People’s Republic of China The third paragraph, Article 8 and 15 of the “Law of the People’s Republic of China”, and Article 64 of the Civil Procedure Law of the People’s Republic of China, the judgment is as follows:

1. The defendant Shandong Arenkang Ejiao Products Co., Ltd. and Jinan Yijiaotang Biotechnology Development Co., Ltd. immediately stopped infringing the special rights of the plaintiff’s “Boiling Plastic Map” registered trademark for the “Boiling Gloves”;

商标被侵权,东阿阿胶起诉获赔50万(附判决书全文)

2. The defendant Shandong Arenkang Ejiao Products Co., Ltd. and Jinan Yijiaotang Biotechnology Development Co., Ltd. immediately stopped the improper competitive behavior of the plaintiff East Ejiao Co., Ltd. Cake products, destroy inventory infringing packaging;

3. The defendant’s mayor of Wenzhou Mayor’s Yaoshi Pharmacy immediately stopped the improper competition of the plaintiff Dong Ejiao Co., Ltd.

商标被侵权,东阿阿胶起诉获赔50万(附判决书全文)

Fourth, the defendant Shandong Arenkang Ejiao Products Co., Ltd. and Jinan Yijiaotang Biotechnology Development Co., Ltd. will compensate the plaintiff East Ejiao Co., Ltd.’s economic loss and reasonable cost of 500,000 yuan within 10 days from the date of this judgment. It

Fifth, the plaintiff’s other litigation requests of the plaintiff East Ejiao Co., Ltd..

If you fail to fulfill the obligation to pay for the period according to the period specified in this judgment, you should double the debt interest during the delayed performance in accordance with the provisions of Article 253 of the Civil Procedure Law of the People’s Republic of China.

The case acceptance fee of this case was 13,800 yuan.

If you do not accept this verdict, you can submit an appeal to the court within 15 days from the date of the judgment, and file a copy according to the number of the other party’s parties, and appeal to the High People’s Court of Zhejiang Province.

Judge Chen Feng

People’s Jury Ying Zhijie

People’s Jury Li Yize

August 20, 2019

Judge Assistant Huang Pingping

Actorser Lin Enci

Article source: network finishing

Copywriting sorting: Editor of Dequal