Jiaduobao Guangyao started another dispute

JDB and Guangpeng are enough to become the two most talked about companies in 2012. The marketing battle between the two parties has just taken a big lead and the price war has not really started yet. At the moment, the two may be once again caught in a new lawsuit because of the "Ji Qing time."

Trademarks It is understood that the Jiaduobao Group (hereinafter referred to as JDB) started to use various types of propaganda during the festive period as early as 2004. At that time, they chose four words - Katsumi. "Even earlier, only the 'evidence' collected began in 2004." On November 28, vice director of the brand management department of JDB Group disclosed this detail to the media and presented the CPT with PPT. Bao's “Auspicious Time” in different years and different occasions.

In August this year, Wong Lo Kat herbal tea with the words “Auspicious Time” printed on the outer packaging appeared on the market. Unfortunately, at this time, "Wang Lao Ji" is no longer a product of Jiaduobao, but it is the group of Guangpharm Group (hereinafter referred to as "Canton Drug"). More importantly, February 2012 is already an approved "registered trademark."

"Guangxi Pharmaceutical was suspected of infringement". On the media communication meeting on November 28th, Jiaduobao revealed this core view.

It is understood that "Ji Qing Hours" is a registered trademark, but Guang Pan uses "Ying Lao Ji at Jiqing" and is not used as a trademark.

Does this constitute infringement? In the face of questions from new financial reporters, Kang Jiancan of Longan Law Firm gave the following explanation: According to Article 3 of the Implementation Regulations of the Trademark Law, the use of trademarks as mentioned in the Trademark Law and these Regulations includes the use of trademarks for goods. , commodity packaging or containers, and commodity trading documents, or the use of trademarks for advertising, exhibitions, and other commercial activities. "Auspicious days" is used as a product advertisement language, which is the use of trademarks. The use of the “Ji Qing Time” trademark by Guangpharm was allegedly infringement of the trademark holder.

“Festival marketing is a marketing strategy that has been adhered to for many years by JDB’s Red Can Herbal Tea, and has made red tea herbal tea a festive symbol for the holiday season.

From red can packaging to slogans, to the present 'Ji Qing time', whether from the legal level or from the brand equity level, we believe that they have generated infringement. For this kind of behavior, we will definitely pick up legal weapons and firmly protect our legitimate rights and interests. According to Wang Yuegui, deputy general manager of the brand management department of JDB Group, at the same time, JDB's emphasis has been reported to the industrial and commercial departments in many places, and the law enforcement results of the industrial and commercial departments will also be disclosed in the near future.

Controversy In fact, as for the issue of whether or not infringement occurred during the "Ji Qing Time," the media had publicly reported it as early as November 23. The sources in the article are mostly from related persons of Guangzhou Wong Lo Kat Company and stated in the text: “The dealers in many places have encountered trademark infringement reports.”

"It was because of the "attack" of Guangpharm that JDB wanted to stand up and speak. Otherwise, this market event should have been solved in the market," an informed source told the new financial reporter.

Guangpharm’s position is exactly the opposite.

In a reply to the new financial reporter, he stated that Guangpao's red can of Wong Lo Kat herbal tea uses the “King Kyung drink Wong Lo Kat” message on the outer packaging box.

At the time of the "Ji Qing" trademark being in a state of power dispute, any infringement accusations made by Wong Lo Kat Health Co., Ltd. for the legitimate use of "King Kung-Ji drinking Wang Lao Ji" had no facts and legal basis, and "Drinking Wang Lao Ji during Jiqing" is not The ability to distinguish between sources of goods does not constitute the use of commercial marks, and of course, it is not a trademark infringement under the relevant provisions of the Supreme People's Court.

Whether it is infringement or not, it cannot be judged for a moment. The new financial reporter found on the China Trademark Online that the "Ji Qing Hours" was actually registered by the company that authorized Jia Du Bao and was registered by the State Administration for Industry and Commerce in the International Classification of Category 32 on February 7, 2012. It is approved for registration.

In this regard, Xue Shengwen, a senior research fellow at China Investment Consulting Group, believes that from a legal point of view, “Ji Qing Time” as an important part of a registered trademark, if it is used without the approval of the relevant ownership company, it is an infringement. The infringed person caused huge economic losses. At the same time, the popularity of this trademark also declined.

“When it comes to infringement, it rises to the legal level. Every country’s laws have loopholes. And China’s laws on intellectual property protection are quite incomplete. So, ultimately, we see how courts decide. JDB’s laws have always been in use. The method dragged the pace of Wonodai Wong Lo Kat and decided to win. Of course, even if it fails, public opinion will be used to publicize the company and its products. Repeated reminders have been added, and Jadobo is the original 'Wong Lo Kat'.' The overall strategic researcher Xie Yulin said to the new financial reporter.

After the report on whether or not infringement was recorded in the newspaper “Ji Qing”, Guangpiao was labeled as a “shanzhai marketing”.

In response, Guangpah said in its reply that Wang Laoji is not adjusting his marketing strategy all the time, trying to surpass himself and create first-rate. It is undeniable that Wang Laoji needs to absorb nutrition from international brands and even competitors to enrich and improve his marketing work. However, innovation based on successful experience is not simply copying imitation but a breakthrough on the basis of the predecessors.

However, Xie Xiaolin believes that Guanghan's marketing ability is insufficient. “At the overall strategic level, it was well formulated. However, the strategy was decided by tactics and tactical factors were not taken seriously. If Guangpah adopted the '136' strategy as an overall strategy, it would be a perfect battle point. But in the implementation to the operation At the strategic level, there was no appropriate segmentation and time-segmentation, and it was often pinned down by Jia Duobao, constantly adjusting tactical countermeasures and disrupting the front line.”

Xie Yulin said that from a deeper perspective, it is a question of “soil”. To have “innovation”, there must be a soil for “innovation”. However, our country has not provided sufficient protection and support in the legal and other aspects.

"'Shanzhai' is not uncommon in fast-moving areas, which is not only closely related to the inadequacy of the legal system such as China's trademark law, but also has a significant connection with the brand awareness of enterprises. China's enterprises are overly pursuing short-term interests, and do not place much emphasis on long-term strategies. Cultivating and maintaining the brand has become the company's 'ultimate choice'. The idea that companies are trying to make quick money through the 'shanzhai' brand is widespread," said Xue Shengwen to the new financial reporter.

According to Xue Shengwen, for enterprises, marketing innovation is a key factor that determines the development of a company. It has a significant impact on the company’s revenue and development strategy, especially in terms of media promotion, channel development, and partner selection. , talent, competitors and other aspects of the pressure. However, domestic fast-moving companies have lagged behind in innovation, lack of innovation motive force, lack of innovation atmosphere, and imperfect innovation mechanism, which have caused many adverse effects on the long-term development of enterprises. Some companies use “shanzhai” as the main source of revenue. Sigh.

The latest development is that both parties have made public statements on this matter. And Jiaduobao will once again compete with Guangpiao in the name of “infringement”. The company also said that "will also retain the right to pursue relevant legal responsibilities."