In this regard, Mr. Liu asked questions, he believes that "Hermes" is a world-renowned luxury brand, should not produce beer.
When Mr. Liu was shopping in Qingguo supermarket a few days ago, he found that there was a "Hermes" beer on the shelf, from the appearance, the packaging of this beer has similarities with the well-known luxury brand Hermes in terms of color matching, logo design and so on.
The reporter then rushed to the Qingguo supermarket, in the supermarket on the second floor to see, this box of 10 listen, the price of 50 yuan beer, and the classic LOGO of "Hermes" is almost identical, the orange "H" and "carriage" logo is conspicuous in the bottle of easy to pull the lid of beer.
The reporter learned that the EOE beer is authorized by the French Hermes Group Trading Co., LTD., the origin is in Dezhou, Shandong province, the company registered in Hong Kong, the date of establishment is July 4, 2024.
In order to solve the mystery of the identity of this beer, the reporter contacted the official customer service of "Hermes". Customer service clearly responded that the "Hermes" brand has never been involved in the field of beer, and this so-called "Hermes beer" has no connection with Hermes and is an unauthorized product.
Customer service also said that as a world-renowned luxury brand, has been committed to maintaining brand image and intellectual property rights, for any behavior that may infringe on brand rights and interests, will take legal means to resolutely safeguard their legitimate rights and interests.
So is it legal for supermarkets to sell this misleading "Hermes beer"? In this regard, Heilongjiang Qingyuan law firm lawyer Pan Rongtao to understand.
Lawyer Pan said that if the beer deliberately uses a logo similar to the Hermes brand on the publicity or packaging to mislead consumers into thinking that it has some connection with Hermes, this behavior may be suspected of violating the trademark rights of Hermes.
According to the Trademark Law, without the permission of the trademark registrant, the use of a trademark similar to its registered trademark on the same kind of goods, or the use of a trademark identical with or similar to its registered trademark on similar goods, which is likely to cause confusion, is an act of infringement of the exclusive right to use a registered trademark.
In addition, if the supermarket does not fulfill a reasonable review obligation at the time of purchase, and the sale of goods that it knows is an infringement of the exclusive right to use a registered trademark, it will also bear the corresponding legal responsibility.
In accordance with the provisions of the Trademark Law, those who sell a commodity without knowing that it infringes on the exclusive right to use a registered trademark and can prove that they have lawfully acquired the commodity and explain the supplier shall be ordered to stop the sale by the administrative department for industry and commerce; On the contrary, it will face penalties such as fines, and if the amount of sales is large or there are other serious circumstances, it may also constitute a crime.
Lawyer Pan also said that when consumers buy goods, if they suffer losses due to the misleading "Hermes beer", if they think that they buy Hermes brand related products, but it is not the case, consumers have the right to ask supermarkets or beer manufacturers to bear the corresponding liability for compensation.
Lawyer Pan reminded consumers that they should carefully screen when buying goods, and if they find suspicious products, they can report them to market regulators. At the same time, when purchasing and selling, businesses should also strictly examine the legality of the goods to avoid getting into legal disputes.
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