The use of imitation gift wrap box with lid to fill bulk genuine products, infringement!

1. The imitation gift wrap box with lid will, to a certain extent, damage the brand reputation of the right holder:

Unauthorized loading of bulk genuine goods into imitation gift wrap box with lid marked with the registered trademark of the right holder will easily make consumers believe that the quality of the registered trademark right holder's gift wrap box with lid goods, etc. is the same as the price, series, quality, etc. of the bulk goods, and imitation gift wrap box with lid will to a certain extent damage the The right holder's brand reputation, belonging to the "Trademark Law" Article 57, paragraph 7, "to other people's exclusive right to register trademarks caused by other damage. The Dongguan printing gift wrap box with lid packaging industry brand guidance service station selected 2021 Sichuan court judicial protection of intellectual property rights typical cases, to explain the law.

2. imitation gift wrap box with lid case facts

Zhejiang Wufangzhai Industrial Co., Ltd ("Wufangzhai Company") is the owner of the registered trademark No. 331907 "Wufangzhai", the trademark gift wrap box with lid is designated for use on dumplings and other goods. In June 2004, the trademark gift wrap box with lid was recognized as a well-known trademark by the Trademark Office, and in May 2011, the State Council announced that the Ministry of Culture had awarded Wu Fang Zhai gift wrap box with lid dumpling production techniques as "national intangible cultural heritage". In January 2016, No. 331907 "Wu Fang Zhai gift wrap box with lid" trademark by the Zhejiang Province Administration for Industry and Commerce to continue to confirm as Zhejiang Province famous trademark. December 22, 2015, No. 331907 "Wu Fang Zhai gift wrap box with lid wrap box with lid" was reconfirmed as a famous trademark of Jiaxing City by Jiaxing Municipal Market Supervision Administration. The Ministry of Commerce of the People's Republic of China had recognized the trademark of "Wu Fang Zhai gift wrap box with lid" as a Chinese Old Brand. As of August 3, 2018, it had a total of 379 stores nationwide.On May 24, 2019, Xu, an agent of Wufangzhai, purchased four bags of gift wrap box with lidgift wrap box with lid in Pidu District. with lid package identified as "Wu Fang Zhai" of zongzi and a box identified as "Wu Fang Zhai gift wrap box with lid" of salted duck eggs, operators will be the above zongzi and salted duck eggs into the logo with "Wu Fang Zhai gift wrap box with lid". The operator loaded the above-mentioned rice dumplings and salted duck eggs into the gift wrap box with lid marked "五芳斋gift wrap box with lid 缤纷五芳" to Xu Mou. Wufangzhai company recognized Liyuan business department sales with "Wufangzhai gift wrap box with lid" logo of the dumplings produced by Wufangzhai company, but the gift wrap box with lid is not provided by Wufangzhai company. Wufangzhai company believes that Liyuan business department randomly with the gift wrap box with lid not produced by the Wufangzhai company will have a negative impact on the reputation of the Wufangzhai brand, because the gift wrap box with lid without any manufacturer, production date and other information, and there may be poor quality and other circumstances to the Wufangzhai company's rights trademark, causing negative impact. Lower its social evaluation. Wufangzhai company to Liyuan business department infringement of its gift wrap box with lid registered trademark for the reason of court, requesting that Liyuan business department to bear the responsibility to stop infringement, compensation for damages.

3. gift wrap box with lid

The court held that the gift wrap box with lid provided by Liyuan Business Department had "Wufangzhai gift wrap box with lid", "Colorful Wufang", "Wufang The logo with the words "Wu Fang Zhai gift wrap box with lid", gift wrap box with lid has the function of identifying the source of goods and belongs to the trademark use. According to Article 57 of the Trademark Law of the People's Republic of China: "Any of the following acts shall be an infringement of the exclusive right to use a registered trademark: ...... (7) causing other damage to the exclusive right of others to use the registered trademark". gift wrap box with lid The basic function of the trademark is the identification function, that is, to identify the source of goods and indicate the service. The infringement of gift wrap box with lid trademark right is essentially damage to the identification function of the trademark, making consumers confuse and misunderstand the source of goods or services. At the same time, gift wrap box with lid trademark also has the derivative function of safeguarding the quality of goods or services and maintaining the reputation of goods. gift wrap box with lid trademark function is the basis on which the trademark exists, for goods, gift wrap box with lidgift wrap box with lid packaging not only With the function of protecting goods, convenient use, carrying, storage, and gift wrap box with lid as a link between goods and consumers, specific gift wrap box with lid packaging also carries the role of distinguishing the source and quality of goods, but also the embodiment and extension of the function of the trademark. In this case, Liyuan business department sells the goods of Wufangzhai company, but the gift wrap box with lid provided by it is not from Wufangzhai company or provided by Wufangzhai company. In general, the specific gift wrap box with lid packaging is often associated with the quality of the goods. Since the infringing gift wrap box with lid in question uses the same or similar logo as the trademark of Wu Fang Zhai Company, even if the goods sold are produced by Wu Fang Zhai Company, its unauthorized sale of bulk Wu Fang Zhai Company goods using the infringing gift wrap box with lid in question for gift wrap box with lid packaging will easily cause relevant consumers to mistake the specific gift wrap box with lid goods of Wu Fang Zhai Company, thus confusing the price, series and quality of the source of goods, damaging the credibility of the registered trademark carrying function, and its behavior is an infringement of trademark rights. The court ordered Liyuan Business Department to immediately stop using the gift wrap box with lid that infringes the trademark mark of Wufangzhai Company and compensate for damages of 5,000 yuan.