"Eighteen Street" Told The Colleague To "Free Ride" To Win &Nbsp, And To Pay 70 Thousand Yuan.

Brief description: "Jing Lin Xiang" twist Co., Ltd. argues that fan Guilin is the founder of GUI FA Xiang and Ma Hua. Jing Zhigang is the only disciple of Fan Guilin. The description of Fan Guilin, the founder of Fan Guilin, the founder of the eighteen street of GUI FA Xiang in Tianjin, is based on facts.

The "three wonders" in Tianjin flavor snacks enjoy many unjust malevolent competitions while enjoying a good reputation throughout the country.

A few days ago, Tianjin City Second Intermediate People's court heard a case, the city's "Jing Lin Xiang" twist Co., Ltd., because of its production of twist packaging printed with the "authentic Tianjin twist", "Tianjin specialty Kwai fat Xiang eighteen street, the founder of the eighteen street, Jing Zhi - the disciple of Jing Zhi, gang Jian Fang" and other words, by Tianjin City Gui FA Xiang eighteen street, General Store Co., Ltd. think "belong to the famous brand, free ride" and went to court.

After hearing, the court decided that "Jing Lin Xiang" Ma Hua limited immediately stopped the infringement and apologized.

In the trial, the plaintiff, Tianjin GUI FA Xiang eighteen Street Ma Hua General Store Co., Ltd. complained that its production of food, "Gui FA Xiang eighteen Street", was founded in the early twentieth Century.

The plaintiff was formerly a franchised food store after public-private partnership in 1956. After that, the name of the company was changed many times. Now it is "Tianjin city's eighteen Street Ma Hua General Store Co., Ltd.".

The company registered the "Eighteen Street" trademark in 1984, and then registered eighteen street and GUI FA Xiang trademark in the category of multi commodities, and registered trademarks in many countries abroad, forming a perfect trademark protection system.

In 2009 years, the company found that "Jing Lin Xiang" twist Co., Ltd. printed on its production of twisted packaging, "authentic Tianjin twist", "Jinmen must", "Tianjin special product GUI FA Xiang eighteen street, the founder of the eighteen twist," Jing Zhigang, the pro disciple of the executive producer, and other words, and a large number of sales in the market.

The company believed that "Jing Lin Xiang" used the plaintiff's trademark without authorization, and deliberately bundled the plaintiff in the propaganda, and made false propaganda by using the so-called plaintiff's founder and apprentice, which did not conform to the historical facts. It was misleading that the defendant's products were related to the plaintiff, even the plaintiff's "founder" disciple produced or the plaintiff authorized the production, which made the consumers mistakenly believe that the defendant's enterprises and products were "authentic" and "one of the most important parts of People's Republic of China." this is obviously a "brand name, free ride", which violated the "law of the People's Republic of China against unfair competition" and "the Trademark Law of the people's Republic of China".

The company clearly stated that the founder of the eighteen Street twist was "Liu Lao Ba" instead of Fan Guilin.

"Jing Lin Xiang" twist Co., Ltd. argues that fan Guilin is the founder of GUI FA Xiang and Ma Hua. Jing Zhigang is the only disciple of Fan Guilin. The description of the founder of Fan Guilin, the founder of the eighteen street in Tianjin, is a factual basis.

In addition, those words, whether they are font, font or color, do not highlight the trademark "Eighteen street, GUI FA Xiang".

Therefore, the company considers that it has not infringed the trademark rights of the plaintiff.

In the trial, the Municipal Second Intermediate People's court held that in the commercial activities, the description of the product needed to be used by others should be in accordance with the provisions of the forty-ninth regulation of the Trademark Law of the People's Republic of China, that is, the general name, figure or type of the commodity contained in the registered trademark, or directly indicating the quality, main raw materials, functions, purposes, weight, quantity and other characteristics of the commodity, or the place name, and should not exceed the scope of objective description.

Although the "Eighteen Street" in the logo of the case has been a place name, it has been registered as a trademark and widely used by the plaintiff, which has only a reference to the plaintiff's product.

The defendant's printed words in the same commodity box directly used the trademark "Gui FA Xiang eighteen Street" by the plaintiff.

Although it has adopted the form of describing certain facts, its narrative content highlights the fact that its goods are directly related to the plaintiff's trademarks and commodities, and it is easy for the public to believe that the defendant's products have the same or even better quality than the plaintiff's products.

This behavior confuses the source of goods, causing the public to identify the difficulty of purchasing goods.

Therefore, the defendant should be accused of infringing upon the exclusive right of the plaintiff in the case, and should bear legal liability for stopping infringement and compensation for damages.

In summary, in accordance with the provisions of the Trademark Law of the People's Republic of China and the Anti Unfair Competition Law of the People's Republic of China, the judgment of Jing Lin Xiang (Tianjin) Food Co., Ltd. immediately ceased the use of the infringing wrapper with the word "Gui FA Xiang eighteen Street" and "Jinmen Yiwu"; and, on the thirty day from the date when the judgment came into effect, it issued a statement to eliminate the influence; and to compensate the eighteen loss of the eighteen street of the Tianjin City, the total cost of the company was RMB 70000 yuan.