People's Daily (the 11th edition on April 25, 2024)

"Through cross regional litigation, the court fully supported the company's claim for compensation, effectively cracked down on the counterfeiting and infringement of criminals, and protected the intellectual property rights of enterprises according to law." Not long ago, Xinjiang Wusu Beer Co., Ltd. (hereinafter referred to as "Xinjiang Wusu Company") sent a letter of thanks to the Supreme People's Court, The letter said that a trademark infringement and unfair competition dispute case sued by Xinjiang Wusu Company was heard by Nanjing Intermediate People's Court and Jiangsu Higher People's Court, and the defendant's infringement was confirmed, and the plaintiff's compensation request of 2.08 million yuan was fully supported.

Xinjiang Wusu Company has successively registered several trademarks such as "Wusu" and "Wusu Beer WUSU" since 2006. Since 2016, the company has been using 500ml red canned Wusu beer for packaging and decoration, and the red canned Wusu beer has a high reputation in the national beer market. After long-term continuous use and promotion, Wusu Beer has a high influence in the domestic beer industry and is recognized as a famous brand product and trademark in Xinjiang. However, with the increasing popularity of Wusu beer products, some enterprises produce and sell infringing products that counterfeit Wusu beer by means of "hitchhiking" and "near famous brands", which has caused misunderstanding and confusion among the public and seriously damaged the interests of Xinjiang Wusu Company and the legitimate rights and interests of consumers.

"In 2020, Nanjing Niaosu Beer Company will use 'Niaosu' as its corporate name, and there will be 'Niaosu' beer in the market that is similar to '500ml red canned Wusu Beer' in packaging and decoration." Jiang Tao, general manager of Xinjiang Wusu Company, said that in order to protect the rights and interests of the enterprise, Xinjiang Wusu Company filed a lawsuit with Nanjing Intermediate People's Court.

"Compared with the registered trademark involved in the case, the logo used by 'Niaosu' Beer is very similar, which constitutes trademark infringement. At the same time, Nanjing Niaosu Beer Co., Ltd. and three other companies jointly committed the infringement, and should bear joint and several liability." Lu Shan, the judge handling the case of Nanjing Intermediate People's Court, introduced that although the packaging and decoration of 'Niaosu' Beer are different from the red canned Wusu Beer involved in the case, However, the overall height is similar. When Nanjing Niaosu Beer Co., Ltd. was founded, the enterprise name of Xinjiang Wusu Co., Ltd. was "Wusu", which had a high reputation and influence. Both parties are competitors in the same industry. Nanjing Niaosu Beer Co., Ltd. still uses the highly similar "Niaosu" as its business name when it should know. The subjective intention of "hitchhiking" is obvious, which goes against the basic principle of honesty and credibility of operators, and constitutes unfair competition.

"In recent years, some illegal enterprises have maliciously registered and used trademarks, trade names and other commercial logos that have a certain impact on well-known enterprises, causing market confusion and infringing on the legitimate rights and interests of enterprises and consumers." Lin Guanghai, the president of the Supreme People's Court of Justice and the People's Court of Justice, said that the People's Court adheres to the judicial concept of strict protection Infringements that confuse the market should be severely punished, and strict and fair justice should be used to stimulate innovative vitality and optimize the legal business environment.

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