Workflow
德子土鸡
icon
Search documents
【世相百态】 商标不能搞成文字游戏
Zheng Quan Shi Bao· 2025-05-15 19:27
Core Viewpoint - The article highlights the deceptive practices of businesses using misleading trademarks that confuse consumers and undermine fair trade principles [1][2][3] Group 1: Misleading Trademarks - Businesses are registering descriptive terms as trademarks and combining them with product names, creating confusion for consumers [2] - These "clever trademarks" exploit information asymmetry, leading to consumer deception and violation of consumer rights [2] - The use of misleading trademarks disrupts market order and creates an environment where dishonest practices thrive, pushing out honest competitors [2] Group 2: Legal and Regulatory Concerns - The article emphasizes the need for stricter regulations to prevent the registration of deceptive trademarks that mislead the public about product quality or origin [3] - It suggests that trademark examination should extend to actual usage scenarios, requiring applicants to submit packaging designs for review [3] - There is a call for a reward mechanism for reporting trademark infringements to encourage consumer participation in monitoring [3] Group 3: Ethical Business Practices - Trademarks should serve as a promise of quality rather than a tool for deception [3] - Businesses are urged to operate with integrity, providing accurate product information instead of manipulating trademarks for unfair gain [3]
“胖都来”,不能都这么来
3 6 Ke· 2025-05-13 02:29
Core Viewpoint - The "胖都来" incident highlights the importance of intellectual property awareness and may serve as a cautionary tale for businesses regarding trademark infringement and brand confusion [1][12]. Group 1: Incident Overview - On May 1, 2025, a shopping mall named "胖都来" opened in Haining, Zhejiang, attracting significant online attention due to its name's similarity to the well-known retail brand "胖东来" [2][3]. - The opening event featured several celebrities, including Zhao Liang and Ye Xuan, who recorded congratulatory videos that were played at the venue, further amplifying public interest [2][3]. - The name "胖都来" was quickly criticized for its resemblance to "胖东来," leading to widespread discussions about trademark infringement and consumer confusion on social media [2][3]. Group 2: Legal Response - In response to the controversy, "胖东来" collected evidence and filed a complaint with the market supervision administration, asserting that "胖都来" constitutes trademark infringement and unfair competition [2][3]. - "胖东来" emphasized its established brand identity, which has developed over nearly 30 years, and argued that the similarity in names could mislead consumers [3]. Group 3: "胖都来" Defense - "胖都来" defended its name by stating that "胖" symbolizes abundance and prosperity, while "都" is derived from the chairman's surname, asserting no direct connection to "胖东来" [4]. - Despite this explanation, public skepticism remained, with many pointing out similarities in logo design and marketing strategies, suggesting an intent to mimic "胖东来" [4][5]. Group 4: Trademark Registration Status - As of May 11, 2025, "胖都来" had not successfully registered its trademark, with applications still pending substantive examination [5][6]. - The trademark applications were filed by Zhejiang Yitao Clothing Co., Ltd., which holds an 80% stake in "胖都来," but the likelihood of successful registration appears low given the ongoing controversy [5][6]. Group 5: Regulatory and Social Media Impact - Following the incident, Douyin (TikTok) suspended "胖都来"'s account for violating community guidelines, indicating the broader implications of the controversy on social media presence [7]. - Local regulatory authorities in Zhejiang have initiated investigations into the matter, reflecting the seriousness of the allegations and the potential for regulatory scrutiny [7]. Group 6: Celebrity Involvement - Celebrities involved in promoting "胖都来" faced backlash, with Zhao Liang publicly apologizing for any misunderstandings caused by his participation, clarifying that he had no commercial ties to the brand [8][12]. - The incident has prompted discussions about the responsibilities of public figures in commercial endorsements and the need for due diligence to avoid controversies [12].
“三德子”卖土鸡陷“德子土”商标争议!回应称系防御性注册
Nan Fang Du Shi Bao· 2025-05-09 12:26
Core Viewpoint - The actor Zhao Liang's brand "San De Zi" is under scrutiny for misleading consumers regarding its product "De Zi Tu Ji" (土鸡), as the trademark registered is "De Zi Tu" (德子土), which may confuse customers about the product's authenticity [1][2][3]. Trademark and Consumer Misleading - The company Chengdu San De Zi Hao Zhen Xuan Agricultural Technology Co., Ltd. has registered multiple trademarks including "San De Zi" and "De Zi Tu," with the latter successfully registered on January 21, 2024, covering categories such as meat and poultry [2][3]. - Consumers have raised concerns that the branding and product descriptions on e-commerce platforms have omitted the term "Tu Ji" (土鸡), instead using terms like "Shaonian Gong Ji" (少年公鸡) and "Zhuang Nian Mu Ji" (壮年母鸡) [2][3]. Company Response and Practices - The company claims that "De Zi Tu" was a defensive registration and that the main trademark has always been "San De Zi." They have begun changing packaging to remove the "De Zi Tu" branding since early April 2024 [3][4]. - The company asserts that their chickens are raised in a free-range environment and are fed grains, although there is no standardized definition for "Tu Ji" [3][4]. Previous Violations - The company has a history of violations, including a fine for false advertising related to food labeling, where they used misleading terms like "Mountain Free-Range Gu Shi Ji" (山地散养固始鸡) [4]. - This incident is not the first controversy for Zhao Liang, who faced backlash for his association with a store name similar to a well-known retail brand, leading to an apology and clarification of his non-commercial involvement [5]. Market Presence - The "San De Zi" official flagship store has gained significant traction, boasting over 1.1 million followers and sales of 605,000 units [5].
直播间卖“德子土鸡”,结果“德子土”是商标名
Zhong Guo Xin Wen Wang· 2025-05-09 05:22
Core Viewpoint - The controversy surrounding the sale of "Dezi Tuji" (德子土鸡) by actor Zhao Liang, where the brand name "Dezi Tu" (德子土) is a registered trademark, has raised questions about misleading marketing practices in e-commerce [1][8]. Trademark Registration - Chengdu San Dezi Hao Zhen Xuan Agricultural Technology Co., Ltd. applied for the "Dezi Tu" trademark in July 2023, classified under international category 29, which includes meat and poultry products [6][7]. - The company has also applied for additional trademarks such as "Dezi Tuji," "Dezi Tuzhu," and "Dezi Tuyan," all under the same international classification, with their status currently pending substantive examination [6][7]. Marketing Practices - Zhao Liang clarified that the use of "Dezi Tu" and "Dezi Tuji" trademarks is to prevent malicious registration and emphasized that the brand sold is "San Dezi" (三德子), claiming the chickens are authentic free-range chickens [8]. - The product descriptions in the online store have been altered from "free-range native chicken" to "free-range ecological chicken," indicating a response to the controversy [8]. Legal Implications - Legal expert Zhao Zhanling pointed out that the marketing of "Dezi Tuji" could mislead consumers into thinking "native chicken" is a core selling point, which may violate consumer protection laws [11]. - If the chickens sold do not meet the standards for native chickens, it could constitute false advertising, and the trademark "Dezi Tu" could be challenged for being misleading [11][12]. Consumer Rights - Consumers have the right to be informed and to choose based on accurate product representations, as highlighted by the concerns over "heartfelt trademarks" that may mislead consumers [12][14]. - The recent "Special Action Plan to Boost Consumption" emphasizes the importance of creating a trustworthy consumption environment [13].