September 6, 2010
Liaoyang Chemical Co. v. Liddy Run Di Liaoning Fine Chemicals Co., Ltd., copycats of the product name, packaging, decoration dispute first instance civil verdict
2007 年 11 月 20 MVP: the news media reported that fonts: 【Small】
Beijing Chaoyang District People Court in civil judgments
(2007) North Korea Min Chu Zi No. 19654 No.
plaintiff Chemicals Co., Ltd. Liaoyang Liddy, home to Liaoyang County, Liaoyang City, Liaoning Province, hometown of Portland.
legal representative Sujiang An, chairman of the company.
agent Zhang Hong, Beijing Qi caused Law Firm.
agent Guo Rui, male, Han nationality, December 8, 1981 born, Beijing Lidi Xin Technology Development Co., Ltd. staff, address 1, Chaoyang District, Zone 5 Anzhenxili 502.
Run the defendant Di Fine Chemical Co., Ltd., Liaoning, domicile Baita District, Liaoyang City, Liaoning Province West Industrial Park.
legal representative of the Hong-Ming, chairman of the company.
agent Ranger, male, Han nationality, June 18, 1954 born, vice president of the company, address, Kitayama Street, Yanji, Jilin Province ranks 17 groups.
agent small profit margins, male, Han nationality, March 18, 1960 born, vice president of the company, address, Shenyang, Liaoning Province, Sand Rd, Heping District, No. 27-2.
accused Beijing Taihe Quaternion Bridge Auto Parts Market Co., Ltd., home to North Fourth Ring Road, Chaoyang District, six public grave Village.
legal representative of the Chen Futian, the company chairman.
agent Zhong Huijun, male, Han nationality, September 8, 1977 born, the company Marketing Manager, after the Bureau of Dongcheng District, Beijing residence compound 51.
agent Sun Hongtao, male, Han nationality, September 7, 1976 born, Beijing Taihe Quaternion Bridge Auto Parts Co., Ltd. Market Hall West 5 individual businesses, addresses Shandong Ningjin Bupleurum Dian No. 50 in the village.
plaintiff Liaoyang Liddy Chemicals Limited (Dr. Reddy ) v. Di-run defendant Liaoning Fine Chemicals Co., Ltd. (referred to as Run Di), Beijing Taihe Quaternion Bridge Auto Parts Market Co., Ltd. ( referred to as Tai Company) copycats of the product name, packaging, decoration dispute case, the Court on August 16, 2007 received, the collegial panel shall, in the same year on October 16 public hearing was heard. Dr. Reddy agent Zhang Hong, Guo Rui, Yun Di Ranger agent, small profits, the company agent Wo Zhong Huijun, Sun Hongtao present at the proceedings. The end of the case has been heard.
Dr. Reddy claims, the company was founded in 1993, formerly known as Liaoyang Chemical Co. whale, production, sales of motor vehicles brake fluid, lubricants, automotive specialty products, antifreeze, etc. . In 1996, the company changed its name to Dr. Reddy , and has received three applications, “Liddy” trademark. Our production of automotive brake fluid, antifreeze products, identified by the quality of a number of authorities, and approved by many automobile manufacturers, has won numerous awards. In 2002, “Liddy” trademark was identified as Liaoning Province and Liaoning Province in 2004 was awarded the title of brand-name products. In order to expand awareness, more than a decade I have a lot in all kinds of media advertising, promotion through a variety of ways, “Liddy” products by the company design department for the different types of “Liddy” brake fluid, antifreeze different packaging products designed to make the product more visible and easier to identify. Currently, the company produced “Liddy” brake fluid, antifreeze products have been sold all over the country, to become well-known commodity. June 2006, the company found that the Northeast, Beijing, Shandong, Inner Mongolia and other places have a large number of di-run production of “Run Di” brake fluid, antifreeze sold. The appearance of the packaging of these products with my production company, “Liddy” brake fluid, antifreeze product packaging is very similar, can easily lead to mislead the public. Wo run in Beijing are selling these products Di . My company believes and Taihe Yun Di conduct constituted counterfeit goods company well-known peculiar packaging and decoration of unfair competition, it sued to stop Di-run production, use and destruction of the infringing packaging, our economic compensation loss of 200 million, requires the company to stop selling used Taihe infringing packaging “Run Di” brake fluid, antifreeze products.
Run Di argued that Liddy complaint is not the fact that my company “Run Di” products in 2007 was named Liaoning Province famous brand products, the packaging used by our company are design, and has received a design patent. Dr. Reddy brand-name products, though once, but in June 2006 has been discontinued, the Houli Di products is not well-known products, and we are only beginning in August 2006 sales, the company behavior will not cause any damage to the Dr. Reddy , Dr. Reddy compensation claim unreasonable. In sum, I do not agree with Dr. Reddy company claims.
Wo has argued that the company only to merchants and property management services, sales of goods for commercial tenants are not able to review, only requires businesses selling products there is a legitimate source. Moreover, involved “Run Di i product is run at the company staff to sell the business, businesses purchase Yun Di, when the company reviewed the related sales procedures. My company does not agree with Liddy claim.
examined: Dr. Reddy , founded in 1993, formerly known as Liaoyang Chemical Co. whale, production, sales of motor vehicles brake fluid, lubricants, automotive specialty products, antifreeze, etc. . In 1996, the company changed its name to Dr. Reddy , and worked in Class 1 and Class 4 goods to apply for a 3 “Liddy” trademark. Are currently three registered trademarks in the period.
1999 年 12 14, Society of Automotive Engineers of China Oil Committee “member of the briefing” in the description: Dr. Reddy is the “China Automotive Engineering Society committee member unit of oil and its products car Brake fluid is China only through the U.S. Southwest Research Institute tested 68 indicators, and also recognized by the German public company, its product quality to meet international standards. “
2000 June Liddy Senior brake fluid LD3000 and LD4000 by the National Science and Technology, State Administration of Taxation, Ministry of Foreign Trade, the State Quality and Technical Supervision, the National Environmental Protection Agency approved as national key new products, and awarded a certificate.
2002 年 2, from 20 to 20 February 2005, “Liddy” trademark was identified as Liaoning Province. 2004-2006, senior automotive brake fluid Liddy brand was awarded the famous brand in Liaoning.
Dr. Reddy LD-3000, LD-4000 brake fluid and other products won China FAW Group Corporation (FAW Group) approval, and as FAW Group sources. 2002, FAW Group Purchasing a certificate issued by the Ministry of show: Dr. Reddy FAW Group has been using advanced production line loading the main supplier of brake fluid, all over one hundred tons per year more than the demand.
Dr. Reddy products cover sales area: Liaoning, Heilongjiang, Jilin, Beijing, Shandong, Shanxi, Inner Mongolia, Shaanxi, Gansu, Xinjiang, Shanghai, Jiangsu, Guizhou, Guangxi, Guangdong and other places. 2005-2006 6 月 Liddy brake fluid and antifreeze products sales of $ 20,010,559.19 yuan, of which a total of 9 products brake fluid, antifreeze products of 27 species.
Dr. Reddy on June 20, 2006 cut-off, was halted, the company commissioned the original dealer Liddy Beijing Lidi Xin Technology Development Co., Ltd. (Li Dixin Company) on behalf of the production, sales “Liddy” brake fluid and antifreeze, trademark and packaging used with the original Dr. Reddy products are exactly the same, but the manufacturer changed the name of the company by the Liddy Li Dixin company. Dr. Reddy said its profits in accordance with Li Dixin 10% sales commission.
Run Di was founded in April 30, 2006, business scope is: making the engine coolant, motor vehicle brake fluid, lubricants and other chemicals. Litigation, the company said profit from Di in August 2006 began selling products for the market, and recognized Dr. Reddy products by 2006 does have a certain reputation.
2007 年 4 25, Dr. Reddy Taihe Hall in the West at 5 merchants bought Run Di produced “Run Di” brand “DOT-3 brake fluid all-around 3000 “20 a barrel,” DOT4 brake fluid super “3 a barrel,” 7 in 1 antifreeze “4 barrels; in Hall 3 at 38 merchants purchased Yun Di produced” Run Di “brand” DOT-3 all-around 3000 brake fluid, “10 a barrel,” DOT4 brake fluid Jetta “6 a barrel,” 7 in 1 antifreeze “2 barrels, a total cost of 1010 yuan. In addition, Li Dixin company Dr. Reddy will pay the notary fees of 1,000 yuan.
Dr. Reddy advocate within the company business sales Wo “Run Di” brand “DOT-3 brake fluid all-around 3000″, “DOT4 brake fluid super” and “7 in 1 antifreeze solution “packaging, decoration and its production counterpart,” Liddy “brand” DOT-3 brake fluid all-around 3000 “,” DOT4 brake fluid super “and” 5 in 1 antifreeze “approximation. In addition, Dr. Reddy also advocated Yun Di produced “Run Di” brand “Advanced brake fluid (RD-3160)” and its production of “Liddy” brand “DOT-3 brake fluid high (LD-3130X)” packaging, decoration similar.
Run Di recognition of these four products is its production, but the proposed packaging, decoration of its own design. May 23, 2007, Di has run the “Run Di” brand “Advanced brake fluid (RD-3160)” Product packaging received design patent certificate, patent No. ZL200630097034.3. 2007 年 3 月 14 日, Yun Di on the “Run Di” brand “7 in 1 anti-freeze,” the drums and signage design patent applications, and was accepted, the application number is 200730010238.3.
the four kinds of products packaging and decoration compared as follows:
(a) “Liddy” brand “DOT4 brake fluid super” contrast “Run Di” brand “DOT4 Super brake fluid “:
1, both with white plastic bottles as packaging, bottle caps, both in Pinyin and Chinese characters are trademarks of their respective mark;
2, interior is divided into both sides of the bottle, two are identical;
3, the central part of the same font, same angle, the approximate size of the word within the white and green lines mark two “super” and ” Brake fluid “text;
4, the text in the upper left and upper right has a blue oval with white lettering on the label of the respective trademark” LIDI “and” Rundi “; the upper left The following are trademarks black font with the same size marked “Original spare parts”, above all with the same font size of the black mark “GenuineParts”; the top right of the mark below “Liddy” product labeling “Jetta”, “DOT4″ and “BrakeFluid” , “” Run Di “product labeling” FAW Jetta “,” DOT4 “and” BrakeFluid “, the two fonts, colors are arranged in the same;
5,” Super brake fluid “as the text below black as the font of the “oil introduction,” are identical.
(b) “Liddy” brand “DOT-3 brake fluid all-around 3000 high” contrast “Run Di” brand “DOT- 3 King Almighty 3000 Advanced brake fluid “:
1, both with white plastic bottles as packaging, bottle caps, both in Pinyin and Chinese characters are trademarks of their respective mark;
2, the interior is divided into both sides of the bottle;
3, the front bottle are product names, trademarks, etc., on the back are the Products;
4 the front is a central part of the dark green boxes and foot brake patterns of the same combination of graphics, including green box at the top mark in the same red font “advanced brake fluid,” the box “Liddy” brand labeled as “Almighty” and “3000″, “Run Di” brand labeled as “Almighty King” and “3000″, both use the same white font, and size of the approximation;
5, the central graphic at the top are marked left their mark, are marked in red oval-shaped mark in Pinyin, the following marked with the same trademark in Chinese green font, right up to the same green font marked “DOT-3″, down to the same red font marked “BREAKFLUID”.
(c) “Liddy” brand “DOT-3 brake fluid high (LD-3130X)” Contrast “Run Di” brand “Advanced brake fluid (RD-3160 ) “:
1, both with white plastic bottles as packaging, bottle caps, both in Pinyin and Chinese characters are trademarks of their respective mark;
2, bottle decoration divided into positive and negative sides;
3, the bottle front are trademarks, product type and decorative patterns on the back are the product name and product description;
4, the top front were marked with yellow font of their respective trademark “LIDI” and “Rundi”, mark the following product type “LD-3130X” and “RD-3160″, the middle of the decorative patterns are accompanied by a red five-pointed star of varying width pattern, but the two stripes width, the number of different decorative patterns, the lower right corner are marked “BRAKEFLUID”, the following is the product quality certification standards and so on.
Run Di received design patent is The “Run Di” brand product packaging.
(d) “Liddy” brand “5 in 1 antifreeze” and “Run Di” brand “7 in 1 anti-freeze”
1, the two drums the same shape but different colors;
2, the product label at the top of their positive mark their mark, within the red oval were marked with Pinyin “LIDI” and “Rundi”, under the same white font for the characters, “Liddy” and “Run Di” in the middle were the same font labeled “FAW loading with”, “5in1 antifreeze” and “FAW designated loading vehicle “,” 7in1 antifreeze “and the lower left side in a number of the same size, oval-shaped blue gradient function in the product labeling, oval Here is the product obtained quality certification conditions, the right graph in the same light green marked “05 green” and “7-date anti-type”, the graphic below in the same font labeled “Net weight: 4 kg”.
3, mark the top of the back and front of the same trademarks, product names the middle is the product introduction, below is their trademark and business name, phone, address.
Run Di application and rejected the design patent is for the “Run Di” brand products. < br />
these facts, there Liddy to submit business registration materials, various types of certification, inspection reports, purchase contracts, sales details, note, certificate, Yun Di material submitted by industrial and commercial registration, patent , received notice of the patent, as well as statements by the parties and other documented evidence.
The Court finds that: Liddy claim that copycats of the product packaging and decoration of unfair competition, it should first be identified Lee Di advocates are four products involved are well-known commodity. Lidice was founded in 1993, discontinued as of June 2006, the production of motor vehicles have brake fluid, antifreeze and other products 10 years of time, its use The “Liddy” trademark is also registered more than 10 years, and won the provincial title of famous trademarks and brand names, product sales more than 10 provinces and cities throughout the country, sales in the year 2005 reached 2,000 million, and for many years as a FAW Group with the specified line loading suppliers, according to the above facts, the Court finds that Dr. Reddy advocate constitute the four products have been well-known commodity.
well-known commodity on the use of the unique packaging, decoration is the object of legal protection. is Dr. Reddy alleged white plastic bottles and bottles of antifreeze products in the shape of the packaging should be of similar generic products, the company is not unique to Liddy, Liddy right to prohibit others so use.
on for four products involved in the use of decoration, although the content is the product name, model, performance, and producer trademark expression, but the use of text color, font, permutations and combinations, and the use of decorative patterns, have certain characteristics, Yun Di did not provide evidence that similar products with the same decor, so these elements form the decoration peculiar to well, should be protected by law.
Run Di company involved in four types of commodities are used on the well-known commodity with Dr. Reddy unique decor the same or similar decoration, but because the company has run Di May 23, 2007 was the “Run Di” brand “Advanced Brake fluid (RD-3160) “packaging design patents, including the present case, Dr. Reddy are unique decorating ideas. Thus, in the Run Di before the patent is not invalidated, the company reserves the right to run Di The use of the decoration on the product packaging, while the other three kinds of products, because companies do not run Di submit evidence of the legitimacy of its use, and because the Chinese on both sides of the trademark in use of the “Di”, which is also similar phonetic shape, Therefore, the two then use the same, similar decoration, should be said that the mistake is easy to cause the relevant public and therefore, Yun Di similar products in the company to use Liddy decoration peculiar to well constituted infringement, its use should be discontinued, and bear damages liability. specific amount of compensation, the Court will be considering the circumstances Run Di infringement, infringement of the degree of fault, tort duration, and Dr. Reddy for the case of the notary fees, expenses and reasonable cost factors, as appropriate, sentenced to.
Di for companies to Liddy run was June 20, 2006 cut-off, since their products do not have the visibility has been argued that the Court finds that, although Liddy has on June 20, 2006 to stop production of the product, but it is still used by other companies involved in commissioning a unique decoration for well-known commodity production, involving well-known commodity market competitiveness and influence continues, therefore, should be recognized Dr. Reddy The products involved are still advocated by well-known commodity, Yun Di defense can not be established.
Wo companies as those involved in the sale of infringing products, shall bear to stop selling the infringing product liability. In summary, based on “PRC Anti-Unfair Competition Law,” Article V (b), the provisions of article 20, paragraph, sentence as follows:
A Run Di Fine Chemical Co., Ltd. Liaoning stop using involved in the production of product decoration, selling “Run Di” brand “DOT4 brake fluid super”, “Run Di” brand “DOT-3 brake fluid King senior all-around 3000″, “Run Di” brand “7 in 1 antifreeze” ;
Second, Di Fine Chemical Co., Ltd. Liaoning run on the effective date of this decision within ten days compensation Chemicals Co., Ltd. Liaoyang Liddy economic loss and reasonable expenses totaling one hundred thousand yuan;
< br /> Third, Beijing Taihe Quaternion Bridge Co. to stop selling automotive aftermarket products involved decoration using the “Run Di” brand “DOT4 brake fluid super”, “Run Di” brand “DOT-3 all-around 3000 high-level system of the King moving fluid, “” Run Di “brand” 7 in 1 anti-freeze “;
four Liddy Chemicals Co., Ltd. Liaoyang rejected other claims.
If you do not period specified by the decision to fulfill payment obligations under the money should be in accordance with “PRC Civil Procedure Law,” the provisions of Article 132, double the period of delay in performance pay interest on the debt.
legal fees case 22,800 yuan, from Liaoyang Chemical Co. Liddy pay 2800 yuan (already paid), run by the Di Fine Chemical Co., Ltd. Liaoning pay 20,000 yuan (at 7 days after the commencement of the decision to pay); preservation costs 10,520 yuan, run by the Liaoning Di Fine Chemical Co., Ltd. burden (in 7 days after the commencement of this decision to pay).
who disagrees with this decision, the verdict can be delivered within 15 days, submit this Court on the petition, and press the other The number of parties made a copy of the appeal at the Beijing Second Intermediate People Court.
presiding judge Xie Yan Ke
the jury Xia
People Jury member ZHANG Chun-ying
two years on November 20 OO
clerk Su Zhifu
