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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].