Trademark infringement dispute case between Luzhou Laojiao Co., Ltd. and Sichuan Luzhou Hongjiao Liquor Co., Ltd.
Civil Judgment of Luzhou Intermediate People’s Court of Sichuan Province (2005) Lu Min Chu Zi No. 112
Plaintiff Luzhou Laojiao Co., Ltd. Residence: Guojiao Square, Luzhou City.
Legal representative Xie Ming, chairman of the company.
The authorized agent is Feng Chuang, male, born on June 15, 1969, Han nationality, living at No. 6 Jiangyang North Road, Jiangyang District, Luzhou City.
The authorized agent is Yuan Xiaobing, male, born on August 13, 1969, Han nationality, living at No. 9 and No. 6, Shuncheng Riverside, Jiangyang District, Luzhou City.
The defendant is Sichuan Luzhou Hongjiao Liquor Co., Ltd. Residence: Qifeng Town, Lu County.
Legal representative Hu Guilin, manager of the company.
The entrusted agent is Huan Zhao, male, born on February 20, 1944, Han nationality, living in Group 8, Fengguang Village, Tuchang Township, Lu County.
The authorized agent is Hu Qinghua, male, born on July 17, 1972, Han nationality, and lives at No. 36, No. 8, Fengguang Village, Xuantan Town, Lu County.
After this court accepted the trademark infringement dispute between the plaintiff Luzhou Laojiao Co., Ltd. and the defendant Sichuan Luzhou Hongjiao Liquor Co., Ltd., a collegial panel was formed in accordance with the law to hear the case in public. Feng Chuang and Yuan Xiaobing, the authorized agents of Luzhou Laojiao Co., Ltd., Hu Guilin, the legal representative of Sichuan Luzhou Hongjiao Liquor Co., Ltd., and Huan Zhao and Hu Qinghua, the authorized agents, attended the court to participate in the lawsuit. The case has now been concluded.
The plaintiff claimed that the defendant prominently marked the packaging boxes of its "Nongliangyu" brand "Xixianfeng" wine and "Yuyong" brand "Fushou" wine with the plaintiff's registered trademark "Luzhou Lao". The "Luzhou Hongjiao" font, which is similar to "Jiao", is used as its corporate name. The plaintiff's registered trademark "Luzhou Laojiao" was written by a famous calligrapher and is widely known and has huge economic value. The defendant's behavior seriously infringed upon the plaintiff's exclusive trademark rights and caused considerable loss of goodwill and market losses to the plaintiff. Request a judgment that the defendant should immediately stop using the "Luzhou Hongjiao" font that is similar to the plaintiff's registered trademark "Luzhou Laojiao" in its business name, destroy all existing packaging materials and finished products using this font, and compensate the plaintiff for economic losses of 20 Ten thousand yuan.
In response to its claims, the plaintiff provided the following evidence to this court: the plaintiff’s trademark registration certificate, distribution contract, Luxian Industrial and Commercial Inspection Office (2005) No. 017 administrative penalty decision, the defendant’s production and sales There are evidences such as the "rich grain jade" century-old wine cellar.
The defendant argued that the characters "Luzhou Hongjiao" in the name of the defendant's company are not similar to the glyphs and fonts of "Luzhou Laojiao", and the liquor products such as "Liangyu Chun" produced by the defendant are not similar. There was no infringement of the plaintiff’s exclusive trademark rights. For this reason, the plaintiff's lawsuit was requested to be dismissed.
The defendant provided the following evidence to this court for its reasons for defense: the defendant’s company’s business license, production license, trademark registration certificate, grain and wine boxes, loan agreement, and relevant seizure and seizure materials from the industrial and commercial authorities. Wait for evidence.
Through the trial and cross-examination of evidence, both the plaintiff and the defendant had no objection to the evidence provided by the other party, but both believed that the evidence provided by the other party could not prove its claim.
After trial, it was found that "Luzhou Laojiao" is a trademark approved and registered by the plaintiff in the Trademark Office of the State Administration for Industry and Commerce in accordance with the law. The registration certificate number is 915681. The registration is valid from December 14, 1996 to On December 14, 2006, it was approved that the products used were alcoholic beverages (except beer). The defendant enlarged the font of its corporate name "Luzhou Hongjiao" in the wine products it produced and sold under the "Nongliangyu" brand "Xixianfeng" wine, Baibaijiao wine and "Yuyong" brand "Fushou" wine, and Printed on the packaging boxes of alcoholic products produced by it. By March 2005, the defendant sold various types of boxed wine packaged in such packaging boxes to Luzhou, Neijiang and other places.
On July 21 of the same year, the Luxian Industrial and Commercial Administration Bureau issued the Luxian Industrial and Commercial Inspection Office (2005) No. 017 Administrative Penalty Decision, finding that the defendant highlighted and enlarged the four characters "Luzhou Hongjiao" in his company name, and The word "Hong" was made into the shape of "老", which was very similar to the plaintiff's registered trademark "Luzhou Laojiao", which infringed the plaintiff's exclusive right to register a trademark, so the defendant was punished. However, the defendant continues to produce and sell its infringing products. For this reason, the plaintiff filed a lawsuit with this court and requested the court to rule as it requested.
This court believes that "Luzhou Laojiao" and its glyphs are registered trademarks approved and registered by the plaintiff in accordance with the law. According to the provisions of my country's "Trademark Law", the plaintiff, as the trademark registrant, enjoys the exclusive right to use the trademark and is subject to the trademark in accordance with the law. Legal protection. In the wine products it produces, the defendant prominently and enlarges its corporate name "Luzhou Hongjiao" and prints it on the outer packaging boxes of the products it produces. Moreover, the "Luzhou Hongjiao" is different from the plaintiff's registered trademark "Luzhou Laojiao". "Jiao" is very similar in terms of the overall structure of the glyphs and other aspects, which can easily cause the relevant public to misunderstand or confuse the source of the goods. The defendant's behavior has constituted an infringement of the exclusive rights of the plaintiff's registered trademark, and it should be legally responsible for stopping the infringement and destroying the similar Civil liability for packaging, decoration and compensation for economic losses caused to the plaintiff. Since the defendant did not establish detailed sales accounts and could not prove the defendant’s profits from infringement, this court comprehensively considered factors such as the nature, duration, and consequences of the defendant’s infringement, as well as the reputation of the plaintiff’s trademark, and determined the amount of the plaintiff’s losses in accordance with the law. Accordingly, in accordance with Article 52, Item (5), Article 56, Paragraph 2, of the Trademark Law of the People's Republic of China, and the "Supreme People's Court's Notice on Several Issues concerning the Application of Law in the Trial of Trademark Civil Dispute Cases" In accordance with the provisions of Article 1, Item (1) and Article 16 of the Interpretation, the judgment is as follows:
1. The defendant shall immediately stop infringing the plaintiff's registered trademark "Luzhou Lao" from the date when this judgment becomes legally effective. The act of obtaining exclusive rights to a cellar.
2. Destroy all the infringing products and packaging materials of "Luzhou Hongjiao" that are similar to "Luzhou Laojiao" in the alcoholic products produced and sold by the defendant.
3. The defendant shall compensate the plaintiff for economic losses of 200,000 yuan within ten days after this judgment takes effect.
The case acceptance fee is 5,510 yuan, the litigation preservation fee is 1,520 yuan, and other litigation fees are 1,000 yuan, totaling 8,030 yuan, which shall be borne by the defendant.
If you are dissatisfied with this judgment, you can submit an appeal to this court within 15 days from the date of delivery of the judgment, and submit copies of the appeal to the Sichuan Higher People's Court according to the number of opposing parties.
Presiding Judge Li Bin
Judge Wang Yuxun
Acting Judge Su Xiaoli
December 9, 2005
p>Secretary Yang Kai