Cases about Benfu’s trademark infringement have come to an end recently. Wine Co., Ltd

It is necessary to stop the infringement and compensate the Pentofu brand 200,000 yuan.

01

The case is derived from the autumn sugar wine party in 2018

According to the “Civil Civil Civil Court of the Shandong Provincial Higher People’s Court”, the Yantai Meadak Manor Wine Co., Ltd. and Mingjiu Tianxia (Beijing) International Wine Industry Co., Ltd. were rejected by the court’s second instance appeal of the second instance of Nanxian Blanz Co., Ltd. Nanxushe Blanz Co., Ltd. is a subsidiary of Fuyi Wine Group, holding the holder of Penfolds trademark.

On October 24, 2018, the Sugar and Wine Club, someone was given a bottle of dry red wine at the booth of “Mingjiu World (Beijing) International Wine Industry Co., Ltd.” at a hotel in Changsha. “The words, the front and rear bottle are printed with” Ben388 “, the Chinese label printed with” Benfu Winery Dry Red Wine “,” Original Wine Importer: Australia “,” Incorpoter: Yantai Meadak Manor Co., Ltd. “,” Brand operator: Mingjiu World (Beijing) International Wine Industry Co., Ltd. “and other information. The person asked the notarized personnel to notify and seal the relevant products.

On February 22, 2019, the person and notarized personnel came to a company located in Chaoyang District, Beijing. The “company” and other signs, and bought 3 kinds of wines, a total of 6 bottles of wine, and obtained propaganda materials and outlet lists. The 4 bottles of the wine -stored wines are the same as the wine products stored in Changsha in 2018.

It is understood that Gao Moumou, chairman of Mingjiu World, applied to the 33rd category of “Penfu Winery” on March 30, 2018 and December 20, 2018. Meadak also applied for the 33rd trademark of the “Penfostel Winery”, but was made by relevant government departments on April 8, 2020.

02

The court of second instance believes that the infringement of the products produced by the two companies is obviously obvious

Nanxushe Blanz Co., Ltd. sued Meadak Company and Mingjiu World on the grounds of infringement, requiring the two companies to stop infringement and compensate 1 million yuan, and other reasonable expenses of the lawyer and other reasonable expenses for the infringement, and Publish a statement to eliminate the impact. It is also supported by the Qingdao Intermediate People’s Court of Shandong Province in the first instance.

Meadak Company and Mingjiu are dissatisfied. They are not similar to “Benfunmanor” and “Penfolds”. Court appeal.

However, the court of second instance believes that “Penfolds” is a registered trademark and after many years of publicity, forming a corresponding relationship with “Benfu”, and the products complained use “Benfu” and “Benfunmanor”, and “Benfunmanor” and “Penfolds” registered trademarks The use of the same font is easy to cause misleading, and it is found that the infringing goods involved were produced by Meadak Company and Mingjiu Company, and it constituted an infringement of the special rights of “Penfolds” registered trademarks, and the infringement was malicious.

Based on this, the court of the second instance rejected the appeal and maintained the original sentence. It was determined that Modok and Mingjiu Company compensated the South Society Blanz of 200,000 yuan.

03

Meadak has involved a number of trademark infringement disputes, and the company has been canceled this year

“奔富酒庄干红葡萄酒BEN388”侵权!这家公司涉多条风险

WBO also found in the retrieval that one of the cases involved in the case, Yantai Meidak Manor Wine Co., Ltd. also involved a number of lawsuits of trademark infringement. Including the production of COFCOs for the production of the “Great Great Wall Vineyard” and defeated in the first instance; and the prosecution of the joint committee of the Bordeaux Wine Industry on the grounds of infringement.

“奔富酒庄干红葡萄酒BEN388”侵权!这家公司涉多条风险

According to Tianyancha APP,

Yantai Meadak Manor Wine Co., Ltd. involved 47 judicial risks, and the company was canceled on March 18, 2021.

Part of the content comes from “China Judgment Document Network”

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