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胖东来“黄金万两大月饼”商标权及不正当竞争纠纷案胜诉
Cai Jing Wang· 2026-02-26 08:36
Core Viewpoint - The court ruled in favor of Pang Donglai Group in a trademark and unfair competition dispute against Zhengzhou MaiX Feng Food Co., which was found to have infringed on Pang Donglai's trademark and engaged in unfair competition by using its brand name in promotions [1][2] Group 1: Trademark Infringement - Pang Donglai's "Big Mooncake" has been popular since its launch in August 2022 [1] - Zhengzhou MaiX Feng Food Co. produced and marketed a product named "Golden Ten Thousand Liang Big Mooncake," leading to consumer confusion by using Pang Donglai's brand identifiers [1] - The court determined that the promotional use of Pang Donglai's name constituted trademark use, resulting in consumer confusion and infringement of Pang Donglai's registered trademark rights [1] Group 2: Unfair Competition - The court found that Zhengzhou MaiX Feng Food Co. violated the Anti-Unfair Competition Law by misleading consumers through the use of Pang Donglai's brand recognition [1] - The Guangzhou Zengcheng XX Snack Store, acting as a promotional platform, also engaged in trademark infringement and unfair competition by using Pang Donglai's name in its sales [1] Group 3: Court Ruling and Compensation - The court ordered Zhengzhou MaiX Feng Food Co. to cease its infringing activities and pay Pang Donglai Group 3 million yuan in economic damages and 50,000 yuan for legal expenses [2] - The Guangzhou Zengcheng XX Snack Store was ordered to compensate Pang Donglai Group and its subsidiary 2,000 yuan for damages [2]
王老吉加多宝海外商标战:凉茶双雄的出海“生死局”
Core Viewpoint - The ongoing trademark dispute between Wanglaoji and Jia Duo Bao highlights the complexities of intellectual property rights as Chinese brands expand internationally, with both companies asserting their claims over the "Wanglaoji" trademark in various global markets [1][3][6]. Group 1: Trademark Dispute Developments - On September 30, Jia Duo Bao announced victories in multiple lawsuits in Canada and the EU, claiming to protect its overseas trademark rights for "Wanglaoji," asserting ownership since the early 2000s and registration in over 60 countries [1]. - Wanglaoji quickly countered, accusing Jia Duo Bao of misleading the public and revealing that it has initiated trademark protection actions in 21 countries, with some jurisdictions already ruling in favor of Wanglaoji [2]. - The trademark conflict stems from over two decades of partnership and subsequent legal battles, with a recent ruling ordering Jia Duo Bao to pay Wanglaoji 317 million yuan for trademark infringement [3]. Group 2: Market Context and Growth Challenges - Despite dominating the domestic herbal tea market, both companies face stagnation as new beverage categories divert consumer interest, prompting a focus on international expansion [4]. - Wanglaoji has seen its overseas market grow 6.5 times over the past decade, with a compound annual growth rate exceeding 25%, and has registered its trademarks in over 100 countries [4]. - Both companies are establishing local production bases to enhance their market presence, with Wanglaoji partnering with local firms to build an 800 million can annual capacity in Malaysia [4]. Group 3: Intellectual Property Challenges - The trademark battle reflects broader challenges faced by Chinese companies in protecting their intellectual property abroad, with over 2,000 instances of trademark registration disputes reported since the 1980s, leading to significant asset losses [6][7]. - The regional nature of trademark laws complicates enforcement, as different jurisdictions have varying principles regarding trademark rights, impacting both companies' strategies [6][7]. - The difficulty in proving malicious registration adds to the complexity, as companies must gather evidence across borders, which can be costly and time-consuming [7]. Group 4: Strategic Recommendations - Experts suggest that traditional brands must integrate intellectual property into their core strategies, emphasizing the importance of comprehensive planning and proactive trademark registration [2][8]. - Companies are advised to enhance their brand narratives and cultural heritage to secure broader trademark protections and avoid potential conflicts in international markets [8]. - The case serves as a cautionary tale for Chinese enterprises aiming for global expansion, underscoring the necessity of clarifying trademark rights before entering new markets [9].