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浙江“胖都来”商场开业,胖东来回应:已向对方邮寄律师函!律师:涉嫌构成商标侵权及不正当竞争
Mei Ri Jing Ji Xin Wen· 2025-05-02 16:06
Core Viewpoint - The opening of a new shopping mall named "胖都来" in Zhejiang has sparked controversy due to its similarity to the well-known brand "胖东来," leading to accusations of trademark infringement and unfair competition [1][5]. Group 1: Company Responses - "胖东来" has acknowledged the situation and confirmed that they have filed a complaint with local market supervision authorities regarding "胖都来," citing potential consumer confusion due to the similarity in names [3][4]. - The company has also sent a lawyer's letter to "胖都来" and will continue to monitor the situation, providing updates through their official channels [3][4]. Group 2: Legal Implications - The name "胖都来" is suspected of constituting trademark infringement and unfair competition, as "胖东来" has significant market recognition, and the two names are phonetically and visually similar, which could mislead consumers [5]. - According to Chinese trademark law, using a name that closely resembles a registered trademark without permission can lead to confusion and is considered an infringement of exclusive trademark rights [5]. Group 3: Business Model Considerations - While business models can be learned and adapted, they are not protected by intellectual property laws. Companies must adhere to principles of good faith and honesty in market activities [6][7]. - Businesses should avoid simply copying others' branding or names, as this could infringe on trademark rights and lead to claims of unfair competition [7]. Group 4: Financial Performance - As of April 30, "胖东来" reported a sales figure of 17.49 billion yuan for April, with a cumulative annual sales total exceeding 80 billion yuan, reaching 80.27 billion yuan [7].