Source: fundamental force field
Some time ago, Li Changjun wrote a small article《 A century old local business card has become a personal asset? Is the relevant competent department of Dezhou braised chicken IPO fair? 》For Shandong Dezhou Steamed Chicken Co., Ltd., which is applying for IPO, he expressed his own views on the rationality of filing a lawsuit against many other small and medium-sized food production enterprises with its registered trademark "Dezhou Steamed Chicken".
In any case, Mr. Lichang doesn't understand this series of prosecutions. As one of the four famous chickens in China, Dezhou braised chicken has become a signboard of a company? If Lichangjun also registered a trademark of "Beijing Roast Duck", then Quanjude The time-honored brands of Cheap Shop can't kneel down for me? How can this be reasonable? Judging from the messages on the headline, there are still many small partners supporting the opinion of Li Changjun.
Recently, Li Changjun noticed a very enlightening case. Since 2019, Shanghai Brilliant Cosmetics Co., Ltd. has launched a batch of "honeysuckle" trademark protection litigation against hundreds of other businesses. The relevant defendants have therefore filed a total of 9 applications for the revocation and invalidation of honeysuckle trademarks, but none of them has yielded results. However, some people in the legal circle pointed out that "honeysuckle itself is the name of the raw material of Chinese herbal medicine, honeysuckle toilet water is a common name, and Bili has no right to prohibit others from using it, which is the same as the trademark of green pepper."
On November 8, 2022, the Sixth Court of the Supreme People's Court held a court session to retry the above-mentioned "honeysuckle" trademark case. It is worth noting that two months ago, the State Intellectual Property Office issued a notice revoking the transfer and renewal of the "honeysuckle" trademark, which caused a fundamental reversal of the trademark infringement cases against hundreds of toilet water production enterprises.
Compared with the above "honeysuckle" trademark dispute, is it very similar to the "Dezhou braised chicken" trademark dispute? A private enterprise, after registering a trademark whose name is already in dispute, has filed a lawsuit against other businesses to protect their rights in batches, which has caused great trouble to businesses operating normally in other industries.
In fact, in recent years, news in the trademark field has been hot, and wave after wave of trademark rush registration events have attracted widespread attention. According to incomplete statistics, since the end of 2021, there have been a series of trademark rights protection events, such as "Tongguan Rougamo", "Xiaoyao Town Hula Soup", "Korla Fragrant Pear", "Green Pepper" and "Honeysuckle", which have led to disputes. At times, dozens or even hundreds of businesses have become defendants, especially small and medium-sized enterprises, which are deeply involved in crises such as production suspension, huge claims, etc., have triggered the issue of using trademarks to make money The excessive protection of rights interferes with the business order, damages the economic development and other issues, and even affects the local business environment.
In this regard, Zhou Qiang, President of the Supreme People's Court, recently made a report on the work of the Supreme People's Court to the first session of the National People's Congress. When referring to the people's court's punishment of violations of the principle of good faith and business ethics, he pointed out that the people's court said no to "green pepper", "honeysuckle" and other "porcelain like rights protection" to support legal operators, Let illegal operators be punished. The Supreme Court report also specifically mentioned that the judicial protection of traditional brands, time-honored brands and well-known trademarks should be strengthened, and the trials involving "Wuchang rice" and "Qinzhou yellow millet" should be conducted“ Yunnan Baiyao ”And other trademark rights and unfair competition cases, and stop "riding on famous brands" and "hitchhiking".
Against such a background, Shandong Dezhou Steamed Chicken Co., Ltd., which registered "Dezhou Steamed Chicken", asked if you were worried? All other braised chicken production enterprises in Dezhou cannot use the name of "Dezhou braised chicken". Will this unreasonable, unfair and unjust phenomenon affect the business environment in Dezhou, Shandong, and when will it continue? Force field gentleman is also paying attention.
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