In the case of Guangyao reuse, the killer mace, jiaduobao, said that it would be eliminated

With the arrival of the peak season of herbal tea sales, the dispute between jiaduobao and Guangyao group over herbal tea has risen again On the morning of August 1, 2013, jiaduobao announced that it had recently received a notice from Guangzhou intermediate people's court, and on August 6, it would hold a hearing on the case of advertising unfair competition dispute brought by Guangyao against jiaduobao in which "China sells 10 cans of herbal tea and 7 cans of jiaduobao" This is the second time that Guangyao used the "ban in litigation" in the advertising war Previously, on January 31, 2013, Guangzhou central court filed a lawsuit against China's ban, which forced "the red pot herbal tea with the leading sales volume in China to be renamed as jiaduobao" This hearing is the beginning of a new fight for gadobo and Guangyao For this attack of Guangyao, gadobao confessed that he had no chance to win Before that, Guangyao successfully defeated jiaduobao by using the "injunction in litigation", which made jiaduobao change the advertising language On July 24, half a year later, Guangyao once again filed an application for the injunction in litigation against jiaduobao's advertising language "every 10 cans of herbal tea sold in China and 7 cans of jiaduobao", requiring the court of law not to take the lead in deciding that jiaduobao should stop using the advertising language after trial, which made the two sides The legal war brought another wave According to our reporter, the "injunction in litigation" is also known as action preservation in litigation According to the relevant provisions of the civil procedure law, the people's court may, on the application of the other party, make it difficult to execute the judgment or cause other damages to the party due to the actions of one party or other reasons, make a ruling to preserve its property, order it to do certain acts or prohibit it from doing certain acts On August 1, the person in charge of gadobo said to our reporter that in the first "injunction in litigation", just before and after the Spring Festival sales peak season, Guangzhou central court, regardless of gadobo's objection to the jurisdiction, was still in the trial period, without trial and judgment, forced to suspend all advertisements of gadobo in TV, newspapers, magazines, Internet, outdoor and other media nationwide to gadobo Causing direct economic losses of more than 1 billion yuan This time, it also coincides with the peak sales season of the middle of the year If Guangzhou central court again implements the "ban in litigation" on gadobal, the direct economic loss of gadobal is expected to exceed 1 billion yuan At 5:00 p.m on August 1, Guangzhou wanglaojida Health Industry Co., Ltd urgently issued a statement to our reporter, saying that they filed a lawsuit in Guangzhou, Chongqing, Hunan and other places for the untrue advertisement behavior of "every 10 cans of herbal tea sold in China, 7 cans of jiaduobao" The three places have filed a case, and Guangzhou central court has accepted the application of the company's ban in the lawsuit , a hearing will be held on August 6 According to the advertisement of "7 cans of herbal tea for every 10 cans of herbal tea sold in China", Wang Laoji thinks that in April 2013, the relevant departments of the National Bureau of statistics issued the government information part of the public notice, which shows that the brand and sales volume of herbal tea have never been counted, and the authenticity of the data quoted by "7 cans of herbal tea for every 10 cans sold in China" is to be examined, Jiaduobao's misleading and false propaganda seriously violates the relevant provisions of the advertising law and the anti unfair competition law What will be the impact of this defeat? "In the eyes of the outside world, this is just one of the long marathon lawsuits between Guangyao and jiaduobao, but for jiaduobao, the ban in the lawsuit on January 31 is a devastating disaster." Gadobo believes that if the ban in the lawsuit becomes a fact again, the harm to gadobo will not only be on the level of sales, but also the elimination of gadobo The intention of Guangyao is obvious, and it attempts to seize market share through judicial means again One report cited the data dispute over the "injunction in action" starting with an analysis last year On December 8, 2012, the China industry enterprise information release center of the National Bureau of statistics held a press conference on "analysis report on the operation of China's beverage industry in the first three quarters of 2012", and released the research data of the beverage industry in the first three quarters According to the report, in the herbal tea market, jiaduobao (herbal tea produced and sold by jiaduobao group) (73.0%), Wang Laoji (8.9%), Hezheng (4.3%), baoqingtang (0.5%) account for 86.7% of the total sales of the industry Wang Laoji questioned the above statistics According to the information Wang Laoji sent to our reporter, on April 23, 2013, the statistical data management center of the National Bureau of statistics informed Guangyao that at present, in the national statistical project survey carried out by the National Bureau of statistics, only the category of "soft drinks" was counted, but not the brand and sales volume of herbal tea However, according to the statistics management center of the National Bureau of statistics, the China industrial enterprise information publishing center is a subordinate organization of the China Information press, which is an institution affiliated to the National Bureau of Statistics (with its own funds) The analysis report published by the center is the result of their own independent investigation and research In addition to the data from China's industrial enterprise information release center, Cadbury also moved out the data from Nielsen Research Institute to prove that its advertising is not false According to the rolling annual data released by the agency from July 2012 to June 2013, the sales volume of cardobal black can herbal tea accounts for 81.7% of the total canned herbal tea beverage category In this regard, the above-mentioned relevant person in charge of gadobao believes that the advertising content of "gadobao for every 10 cans of herbal tea sold in China" is true, the form is legal, and it can stand the judicial test of fairness and justice Lawyer Yao LAN, legal adviser of Cadbury group, told our reporter that from the suspension of the use of "the red pot herbal tea with the leading sales volume in China changed its name to Cadbury", to the fate of "every 10 cans of herbal tea sold in China with 7 cans of Cadbury" to be determined, a "ban in litigation", which was relatively unfamiliar to the original legal person, has become a common means in the field of commercial competition, which is actually a very abnormal phenomenon Yao LAN pointed out that because this system is directly contrary to the principle of court neutrality and procedural justice of equal status of the plaintiff and the defendant in the Civil Procedure Law of China, the Supreme People's court requires the local court to apply it prudently in various forms of trial opinions In fact, in order to resist the strong attack of jiaduobao, Wang Laoji used legal means to fight against each other, but also in other aspects On July 30, 2013, our reporter saw in the Wal Mart supermarket near Dawang Road, Chaoyang District, Beijing that Wang Laoji and Jia Duobao herbal tea of Guangyao version were placed on a shelf, and the positions occupied by both sides were equal in size However, Wang Laoji had many production dates in July last year, and they mixed the products one year ago with the products just produced in May and June this year Sale Oddly enough, in the same location, consumers can only buy the whole box, not retail To this end, Wal Mart staff said that if you want to buy a retail Cadbury, you must go to other parts of the store to have a look, and Cadbury is promoting in another place To this end, a person in the beverage industry who did not want to sign believes that it is also a normal phenomenon that the beverage industry is under pressure Specifically, due to the pressure competition between Wang Laoji and jiaduobao, because jiaduobao has strong control over the terminal channel, it is better than Wang Laoji's pressure Wang Laoji is still selling products one year ago, which shows that their pressure is very serious A resigned employee told our reporter that in Guangzhou, Wang Laoji is relatively strong at present and has a strong propaganda force Wang Laoji constantly encroaches on the market and catering channels of jiaduobao, which is a close match However, after leaving Guangdong Province, especially in the northern market, he found that jiaduobao's advertisements are everywhere, and jiaduobao's shop is also much better than Wang Laoji's Many According to the latest data issued by Guangyao to this newspaper, Wang Laoji's overall sales volume rose steadily in 2013, and it is expected to achieve the sales target of 15 billion yuan (according to the FMCG standard) in the whole year In the first half of the year, half of the sales tasks have been completed In the first half of the year, Wang Laoji added nearly 2 million target outlets, totaling 5 million terminal sales outlets At present, the distribution rate of Wang Laoji's large-scale supermarkets and small wholesale stores is more than 80%, and the distribution rate of catering channels is more than 50% The future development will focus on the expansion of catering channels In response, Wang Laoji said that this year, he will add another 1 billion yuan of market investment to catch up with the win, strive to occupy the first market share of herbal tea industry, and lay the foundation for hitting the sales target of 20 billion yuan next year Wang Yuegui, deputy general manager of the brand management department of jiaduobao, told our reporter about Wang Laoji's goal and attention to the catering channel They are not good at evaluating the sales goal of other enterprises, but we can be sure that the advantages of jiaduobao in the catering system are well known and still in a strong position It can be imagined that the fight between Guangyao and jiaduobao will continue in terms of sales channels, in addition to the legal aspects.