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The defendant "Baolu" whiskey (left) and the plaintiff "black card" whisky (right).
The Dutch Jorgeau Brand Co., Ltd. is the owner of the “black brand†whisky packaging and decoration. Diageo (Shanghai) Wine Co., Ltd. is authorized by the Del Gio company to enjoy the right to use the "Black Brand" whisky package. According to relevant information, the sales of “Black Brand†whisky in the Chinese whisky market has been nearly 20% in recent years.
In 2006, Giorgio and Diageo discovered that the “Baolu†whisky produced and sold by Lancome (Shanghai) Wine Co., Ltd. uses similar packaging and decoration to the two plaintiff “black card†whiskeys. In December 2006 and September 2007, the Shanghai Industrial and Commercial Department imposed administrative penalties on the unauthorized use of 2226 cases of “Baolu†whisky produced and sold by Lanyu Company and unauthorized use of packaging and decoration similar to the famous “black brand†whisky. . Since then, Giorgio and Diageo have filed lawsuits with the City No. 2 Intermediate People's Court.
The City Second Intermediate People's Court held that after hearing the case, the “black card†whisky involved in packaging and decoration belonged to the unique packaging and decoration of well-known goods. The defendant Lanyi Company used the original packaging of “Baolu†whisky on the packaging of the “Baolu†whisky produced by the company to inform the two plaintiffs of the two plaintiffs. In the case of unfair competition, the court ordered the defendant Lanyi Company to stop the unfair competition behaviors against the plaintiffs 黛orgio and Diageo; and compensated the plaintiff, including reasonable expenses, an economic loss of 1.25 million yuan.
Yesterday, the presiding judge Lu Weimin said in an interview with the reporter that the case deserves attention. When the court determines the liability of the infringer, it implements the principle of comprehensive compensation and avoids simply applying the statutory compensation method.
Lu Weimin said: "For the plaintiff to provide evidence to prove that the infringement was damaged or the specific amount of infringement proceeds, but there is evidence that the amount clearly exceeds the statutory maximum compensation limit of 500,000 yuan, the court can be integrated in the case of evidence, in A reasonable amount of more than 500,000 yuan will be determined."
In this case, the two plaintiffs demanded that the product of the sales volume of “Baolu†whiskey sold by Lanyu Company and the unit profit of “Black Brand†whisky sold by Diageo Shanghai Company be used as the calculation method for determining the economic losses of the two plaintiffs, but due to the two plaintiffs The unit profit of the “black card†whisky could not be provided. The court determined the amount of compensation in the case, as appropriate, based on the amount of infringement identified and the average sales profit in the wine industry.
It is reported that this type of calculation method was adopted as the compensation standard for the first time in the Second Intermediate Court of the City.
Yesterday, the No. 2 Intermediate People's Court also issued a centralized verdict on 8 other intellectual property cases, including the image copyright of the "Gourd Bros. Brothers" of the Shanghai Fine Arts Film Studio, the invention patent of Honda Tech Industries Co., Ltd., and NEC of the Japan Electric Corporation. "Registered trademarks, etc. are protected by law.
In the case of the "Gourd Bros." trademark infringement case that the newspaper was concerned about, the No. 2 Intermediate People's Court found that the defendants Jinjiang Metro Depot Co., Ltd. and Shantou Hongyu Cosmetics Co., Ltd. constituted infringement, and Hongyu Company reimbursed the Shanghai Art Film Studio for inclusion. The economic loss including reasonable expenses is 100,000 yuan.
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