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On August 1, jiaduobao said at a press conference held in Beijing that the company had recently received a notice from Guangzhou intermediate people's court On August 6, the company held a hearing meeting on the lawsuit against jiaduobao for unfair competition in the case of advertising "jiaduobao for every 10 cans of herbal tea sold in China" Guangyao asked the court not to rule jiaduobao to stop using the advertising language first 。
Prior to that, Guangzhou intermediate court ruled on January 31 this year that jiaduobao would stop using the slogan of "national sales leading red pot herbal tea renamed jiaduobao" for advertising Jiaduobao said that the "injunction in litigation" issued by Guangzhou central court in January this year has caused direct losses of more than 1 billion yuan to the company If the "injunction in litigation" is implemented again, the cumulative direct losses this year will be more than 2 billion yuan In the process of litigation, when the tort is obviously established, the judicial organ, according to the application of the parties, orders the infringer to carry out a certain act or forbid it to carry out a certain act It's not the first time that jiaduobao has encountered a "ban in litigation" On December 19 last year, the official website of Guangzhou intermediate people's court posted an announcement that it was scheduled to hear the case of Guangzhou Pharmaceutical Group Co., Ltd accusing gadobao of false propaganda disputes in public on December 25 that year "We were only given three days to prepare the materials." Gadobo told reporters On January 31 this year, the Guangzhou intermediate court ruled that jiaduobao would stop using the slogan "the red pot herbal tea with the leading sales volume in China is renamed jiaduobao" Subsequently, the company proposed reconsideration On February 28, the Guangzhou intermediate court announced that it rejected the reconsideration application of jiaduobao and requested it to withdraw the banned advertisement within three days "For this case, there is no court hearing now, but at that time, Guangzhou central court issued a ban on it to us." Recently, jiaduobao received a notice from Guangzhou intermediate court On August 6, a hearing was held on the case of advertising unfair competition in which Guangyao sued jiaduobao for "every 10 cans of herbal tea sold in China, 7 cans of jiaduobao" "There were only 22 cases of injunctions in litigation nationwide last year." "We will face two bans in litigation in half a year," he said "Last time we were sued for changing our name, this time we were sued for sales." Gadobo said It is understood that the new advertising language of cardobo, "every 10 cans of herbal tea sold in China, 7 cans of cardobo", is alleged to lack the factual basis of effective authority, "suspected of fraud", which constitutes unfair competition Gadobo said at the scene that he was "wronged" Wang Yuegui, the brand director of jiaduobao, presented the evidence of China's industrial enterprise information publishing center and data investigation organization to prove the rationality of his advertisement Among them, according to the information provided by cardobal, the report from Nielsen shows that the market share of cardobal's Canned herbal tea is as high as 81% from July 2012 to June 2013 This year, cardobal's loss or more than 2 billion yuan was imposed with the "litigation ban", the most direct one is the economic loss According to jiaduobao, the first "Suizhong ban" was issued during the Spring Festival, the peak season of herbal tea sales "We replaced a large number of TV, newspaper, magazine, Internet and outdoor advertisements nationwide, which caused a direct economic loss of about 1 billion yuan to the enterprise In addition, 20, 000 employees, raw material growers, distributors, purchasers and suppliers, etc were indirectly damaged " "The proportion of our sales growth during the Spring Festival this year is almost the same as that of last year's year-on-year growth, but we would have expected more," Wang said of the impact of the first "ban in litigation" on the company's sales The staff told reporters privately that during the Spring Festival, the sales volume of gadobo increased by 40% compared with the same period last year Summer is the peak of herbal tea sales, and if it is again imposed with the "ban in litigation", it will be "fatal" for Cadbury This time, we may face a direct economic loss of more than 1 billion yuan again, "including the contracts we signed with other partners, illegal costs, etc." However, the company said it would take measures to deal with the "litigation ban" it may face.