Are the peppers sold by people in Zhangshu Town all Zhangshugang peppers?

 

The Chili Industry Association of Zhangshu Town, Xiangyin County (hereinafter referred to as Chili Association) filed a lawsuit with Yueyang Intermediate People's Court on the grounds of trademark infringement by Jiang, Jiang and Gao, requesting the court to order Jiang, Jiang and Gao to order Immediately stop the sale of goods that infringe on its registered trademark exclusive rights, and compensate for the relevant economic losses
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On April 26, on the 22nd World Intellectual Property Day, the Yueyang Intermediate People's Court held a public hearing of the first instance and tried three cases together.
The number of people "attended" the trial online
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　　Chili Association alleges

 

　　Zhangshugang pepper is a specialty of Zhangshu Town, Xiangyin County, and is famous for its long history, specific production methods and unique taste
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The Chili Association applied for and registered the geographical indication certification mark of "Zhangshugang Chili and Map"
.
After years of publicity and maintenance, "Zhangshugang Chili" enjoys high market popularity and customer reputation
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　　The market period of Zhangshugang peppers is from April to October every year.
Although the price is more than 10 times that of ordinary peppers, the supply is still in short supply
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　　In January 2021, the Chili Association found that Jiang, Jiang, and Gao opened stores on the online platform to sell non-Zhangshugang peppers counterfeit Zhangshugang peppers.
The sales price was high and the sales volume was large, which constituted trademark infringement
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　　The three defendants argued

 

　　He or his family members belong to the villagers within the protection area of ​​Zhangshugang pepper geographical indication products.
The peppers sold by the registered shop on the online platform are grown locally in Zhangshu Town by himself or his family members, and the packaging boxes used are purchased in the local market in Zhangshu Town.

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　　The picture above shows Zhangshugang peppers

　　The picture below shows the products involved

 

　　About Zhangshugang Chili

 

　　Delineated protection areas: Wenyi New Village, Nongjia New Village, Liuzhuang Village, Xingyuan Village, Xiangyuan Village, Bojingang Village, Jintaishan Village, and Zhangshugang Community under the jurisdiction of Zhangshu Town, a total of 8 villages (communities)
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　　External sensory characteristics: pepper fruit is horn-shaped, green fruit is light green, ripe fruit is dark red, the fruit surface has longitudinal edges and folds, the hand press is flexible, the fruit end is blunt and round, and the single fruit weighs 5-8 grams; the fruit is spicy and suitable for the public.
Taste, slightly spicy and sweet in the early stage, medium spicy and crispy in the middle stage, spicy and fragrant in the later stage, pure and not astringent, strong and significantly higher than other varieties, the skin and flesh are not separated when fried, crisp and soft, unique fragrance, good taste
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　　Listing period: April to October each year
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　　During the trial, Jiang Mou, Jiang Moumou and the Chili Association all wished to mediate out of court, and the collegial panel gave permission
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After the collegial panel heard and discussed the case, it pronounced the verdict on the case of Chili Association v.
Gao for trademark infringement
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　　Court decision

 

　　Gao used the words "Zhangshugang Chili" on the online shop he operated and on the outer packaging of the products he sold, and the same graphic as the registered trademark of the Chili Association, and specially marked "National Geographical Indication Product", and issued it.
The destination of the goods is Zhangshu Town, which is enough to make ordinary consumers think that the products they sell are from the Zhangshugang pepper protection area and are genuine Zhangshugang peppers
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Because the sales time of the infringing products involved in the case was during the period when the market of Zhangshugang peppers was closed, and the local agricultural service agency proved that no villagers in Zhangshu Town had the ability and technology to produce off-season Zhangshugang peppers during this period, the Pepper Association clearly determined that it was high after comparison and analysis.
The peppers sold by a certain do not meet the characteristics of Zhangshugang peppers, and Gao also failed to submit sufficient evidence to prove that the peppers sold were grown in the Zhangshu Town area
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　　Taking into account the popularity of the products involved, the reasonable rights protection fees of the Chili Association, and the sales volume of the infringing products involved, and considering that the Chili Association should give guidance to local villagers instead of making profits, the judgment is:

 

　　Defendant Gao immediately stopped selling goods that infringed upon the plaintiff's registered trademark exclusive rights of the Chili Association;

 

　　The defendant Gao Mou compensated the plaintiff Chili Association for economic losses (including reasonable expenses) of 10,000 yuan
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　　Judge's statement

 

　　Geographical indications are signs that indicate that a commodity originates from a certain region, and that the specific quality, reputation or other characteristics of the commodity are mainly determined by natural or human factors in the region
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Geographical indications are regional public resources.
The registrant of a geographical indication trademark should be a local group, association or other organization that is not for profit
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The protection of geographical indication trademarks does not mean the monopoly of public resources, and the scope of exclusive rights and prohibition rights of geographical indication trademarks should be reasonably determined to balance public interests and the legitimate rights and interests of trademark owners
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　　Zhangshugang pepper is a geographical indication certification mark, and it is also a regional characteristic agricultural product in Hunan
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As the registrant of the Zhangshugang pepper geographical indication trademark, the Chili Association shall formulate and publish the management rules for the use of the certification mark in accordance with the law, determine the specific quality characteristics and relevant standards of the goods using the certification mark, and at the same time disclose the application procedures, so that the relevant subjects Obtain the right to use the certification mark
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If the geographical indication is within the area indicated by the geographical indication and the conditions for the use of the geographical indication are met, the geographical indication can be legally used without applying for membership in a collective, association or other organization.
Eligibility to use the trademark
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In this case, the Chili Association has provided evidence to prove that the peppers sold by Gao did not conform to the characteristics of Zhangshugang peppers, but Gao failed to provide sufficient evidence to prove that the peppers he sold were produced in the Zhangshu Town area.
It is determined that the peppers sold by Gao are not Zhangshugang peppers
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It is suggested that the Chili Association will lead its members and local villagers to maintain the reputation of the Zhangshugang Chili brand, so that the brand can flourish and achieve common prosperity
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　　When it comes to Hunan cuisine, chili fried pork should be at the forefront
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　　As one of the main raw materials of chili fried meat - chili, everyone must be familiar with it
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　　In recent years, Zhangshugang pepper, Xiangyin County, Yueyang City, is known as the "Hermes" of the pepper industry, and has attracted widespread attention because of its good taste and high price
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