Surprised! "Yuxian" pods should be tens of thousands of yuan "a bottle"?

As trademark rights have been repeatedly challenged, the well-known chili sauce brand "old dry mother" has registered nearly 200 trademarks, around the core brand "old dry mother" built a trademark "moth."
today, let's talk about another well-known brand, "Yuxian Pod" case of rights.
From the second half of 2019 to the present, the Beilun Court has accepted 29 cases of torts in the bean petal series in Beilun County, and the plaintiff, Chengdu Yudu District Food Industry Association, has sued several individual industrial and commercial households or their operators in Beilun for economic losses and reasonable costs to stop the infringement on the grounds of infringement of the exclusive right to use registered trademarks.
, the series of cases have been successfully resolved, 7 judgments, 22 settlements withdrawn, the infringer compensation plaintiffs between 6,000 yuan and 16,000 yuan.
" Judge, I'm selling ' county flavored pods', not 'Yuxian pods'.
court, the defendant a supermarket operator Wang Lianlian "screamed injustice", claiming that he did not constitute infringement.
, because of its spicy and fresh flavor and so on, popular with the vast number of consumers, but also become a lot of families must-have ingredients.
small supermarkets, grocery stores sell more bean paste, can be wearing the "Yu County" coat of fake goods is not uncommon, " County" "Yu County flavor" and other signs are easy to mislead consumers.
Wang's argument in court be true? The answer is no.
The defendant sold bean paste merchandise label marked with a prominent " county pods" four words, "flavor" two words vertically in the " county" and "bean petals", and the font is significantly smaller than " county pods", as far as the general consumer's attention, the prominent use of " county pods" is the most prominent part.
Moremore, compared with the trademark of "bean petals incounty" and "bean petals in yan county", three of the four words are the same, and the glyph of "" is similar to the word "bean petal", which further deepens the approximation of the two in the case of the convergence of the fonts used.
" county flavor pods" and "Yuxian pods" contrast map "judge, ' County' itself is also a registered trademark! Although the court found that the defendant submitted the " County" is the evidence of a registered trademark, but that the goods involved in the actual use of the trademark, and deliberately highlighted the word "bean petals", resulting in the overall visual effect and plaintiff "Yuxian bean petal" trademark is more similar, easy to make the relevant public misconceptions about the origin of the goods, and therefore, the determination constitutes an approximate trademark.
" judge, I also did not deliberately sell fake goods, to compensate also want to find manufacturers ah.
and we profited only a few dollars, the plaintiff asked for tens of thousands of dollars in compensation, it is really unfair! After being identified as an approximate trademark, Wang argued that he had also been misled and not intentionally infringed.
then, as long as there is a sale of fraud, there must be liability? In fact, the Trademark Law clearly provides for an exemption clause, but to apply it, the seller is required to bear the burden of proof.
first, the seller needs to fulfill a reasonable duty of care.
that is, under normal cognitive ability, can not find that the sale is infringing goods.
, the seller's purchase channels and purchase methods should be legal.
seller shall provide the way of obtaining and obtaining the infringing goods, as well as invoices, payment vouchers and other evidence of the purchased goods.
again, the seller should explain the provider.
seller should be able to state the name or name, domicile, and other clues of the provider of the purchased goods and be able to prove the truth.
as a well-known trademark of China, and the defendant is a special operator of food retailing, should be more than ordinary consumers to do a higher duty of care.
and Wang can not provide the relevant evidence of the purchase, nor can it explain the provider of the goods, so it is difficult to apply the exemption clause.
, Wang paid the plaintiff 10,000 yuan.
The judge reminded that in order to protect the legitimate rights and interests of others and themselves, individual industrial and commercial households and related operators should enhance legal awareness, respect intellectual property rights, purchase goods from formal sources, and sign sales contracts (or signed lists of goods sold, etc.) with suppliers, and issue invoices.
, at the same time, in the purchase should also pay attention to review, if there are doubts about the authenticity of the goods, suppliers should be required to provide relevant supporting documents or to seek guidance from the relevant trade associations.
operators and consumers who discover the act of making and selling fakes shall promptly report them to the market supervision and administration department.
。