Beer and Baijiu belong to different categories in relevant regulations. If a pop top beer uses the same name as a well-known Baijiu, does it constitute infringement? Recently, the Hefei Intermediate People's Court concluded a dispute case of this kind.
The four logos of a certain flower are the registered trademarks of a certain flower data technology Co., Ltd. (hereinafter referred to as a certain flower company), which have been approved as the 33rd Baijiu, etc., and have high popularity and influence in China.
A certain rabbit company, Gao company, Ying company, and Nan company produce and sell a certain rabbit flower beer. On some e-commerce platforms, online stores highlight the use of a certain flower logo in product titles, easy open end beer cans, bottle bodies, and other packaging. Even some consumers directly refer to the product as a certain flower beer in the comment section of online products.
A certain flower company believes that the above-mentioned company and individuals have infringed its trademark rights, and has listed them as defendants and filed a lawsuit with the Hefei Intermediate People's Court.
The defendant argued that the goods produced and sold by them belong to Class 32 beer and other products, which are not in the same category as the registered trademark of a certain flower, and do not constitute similar goods. The defendant believes that the use of the word 'certain flower' as a generic term is not restricted by the trademark rights of a certain flower company. As two distinct commodity categories, Baijiu and beer have significant differences in audience, price, sales channels, etc., and do not constitute similar commodities.
After trial, the court found that the words "Mou Tu Mou Hua" prominently used on the accused goods were identical to the main identifying part of the registered trademark of Mou Hua Company, which constitutes a similar trademark. Using a trademark that is similar to the registered trademark on the same goods without the permission of the trademark registrant, or using a trademark that is the same or similar to the registered trademark on similar goods, which can easily cause confusion, constitutes an infringement of the exclusive right to use a registered trademark. The defendant used a logo similar to someone else's registered trademark on similar goods, which could easily cause confusion or misidentification among the relevant public about the source of the goods, infringing on the legitimate rights and interests of a certain flower company.
Recently, the Hefei Intermediate People's Court made a judgment that the defendant immediately stopped the infringement and compensated a certain flower company for its losses. At present, the judgment has taken legal effect.
The judge reminded that similar goods under the Trademark Law refer to goods that have the same function, purpose, production department, sales channel, consumer object, or are generally considered by the relevant public to have specific connections and are prone to confusion. The International Classification of Goods and Services for Trademark Registration and the Classification of Similar Goods and Services can serve as references for determining similar goods or services, but the determination of whether goods or services are similar should be comprehensively judged based on the general understanding of the relevant public towards the goods or services. Beer and Baijiu have certain overlap in terms of function, use, consumer groups, etc. The accused infringement logo is used on beer commodities. Although it belongs to different categories from the right trademark of a flower company, it constitutes a similar commodity according to the general understanding of the relevant public on the commodity.
----------------------------------------------------------------
Add: Xi Ping Aera,Nan Cheng Distreet,Dongguan City,Guangdong Province,China 523000
Mob: 189 2580 3731
Fax: 0769 83002015
QQ： 2225809574
Email: 2225809574@qq.com
English
中文版
18925803731@qq.com
0086+13712831579
