DL craft wheat beer won a lawsuit and received a compensation of 1 million yuan for its rights
On June 26th, it was announced that Pangdonglai had won a lawsuit against "DL Craft Wheat Beer".
Starting from July 2024, a batch of "Mai Xiang" craft wheat beer will appear on the market, which uses packaging and decoration similar to the "DL Craft Wheat Beer" product of Fat Donglai Company in terms of easy to open lid cans and cardboard packaging height.
The following figure shows a comparison between "DL Craft Wheat Beer" and "Wheat Feeling" Craft Wheat Beer:
It is reported that "Mai Xiang" craft wheat beer is produced and sold by Sichuan XXX Supply Chain Management Co., Ltd. and Sichuan JiuXX Trading Co., Ltd.
After discovering the infringement, Pang Donglai immediately fixed the evidence and filed a lawsuit against the defendant for copyright infringement and unfair competition with the Chengdu Intermediate People's Court in Sichuan Province in August 2024.
After first and final trials, the court determined that the packaging design of the "DL Craft Wheat Beer" product constitutes an artwork, and the decoration of the "DL Craft Wheat Beer" product was designed and provided by Pangdonglai Company. The right to the decoration belongs to Pangdonglai Company.
The defendant has infringed upon the reproduction rights, distribution rights, and information network dissemination rights of Pangdonglai Company regarding the art works involved in the case; The accused infringing product decoration has caused actual confusion among consumers, therefore, the accused behavior constitutes unfair competition.
The court ultimately ruled that all defendants should immediately cease their infringing behavior, compensate Fat Donglai Company for economic losses and reasonable expenses for rights protection totaling 1 million yuan, and publish a statement in the China Intellectual Property News to eliminate the impact.
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