In 2020, burberry found that the outer packaging of "embroidered petal shower gel" jointly produced by Kou and Xi and sold by Kou in Taobao store was similar to the packaging and decoration of "COSTIN petal shower gel" series products designed and sold as early as 2013. There was no visual difference and constituted unfair competition, Therefore, he filed a lawsuit with Baiyun court.

The court ruled that the defendant Kou company immediately stopped the production and sales of commodity decoration similar to "kostine petal shower gel" ("Rose", "Cherry Blossom", "Lavender" and "osmanthus"), destroyed the product inventory and compensated 180000 yuan for economic losses.

Brief introduction of the case

Guangzhou Burberry Cosmetics Co., Ltd. (hereinafter referred to as Burberry) designed the product pattern of "costine petal shower gel" from 2013 to 2015, and registered the domestic non special purpose cosmetics.

In 2018, Burberry tiktok began to promote its advertising products by distributing advertisements, engaging celebrity endorsements, and selling live products on Taobao, jowl and Xiaohong books, etc., so that the products of "costing Flower Shower Gel" have a great impact, and sales of products have been brilliant for many years.

(costine rose petal shower gel produced by Burberry)

(morning dew rose petal shower gel produced by Kou company and Xi company)

In 2020, burberry found that the outer packaging of "embroidered petal shower gel" jointly produced by Kou and Xi and sold by Kou in Taobao store was similar to the packaging and decoration of "COSTIN petal shower gel" series products designed and sold as early as 2013. There was no visual difference and constituted unfair competition, so it filed a lawsuit with Baiyun court, Request Kou company and Xi company to immediately stop unfair competition and compensate 300000 yuan for economic losses.

Referee result

The defendant Kou company immediately stopped the production and sales of commodity decoration similar to "kostine petal shower gel" (four sections of "Rose", "Cherry Blossom", "Lavender" and "osmanthus"), destroyed the product inventory and compensated 180000 yuan for economic losses.

The defendant Xi company immediately stopped the production of the above four products, destroyed the product inventory, and assumed joint and several liability for the above compensation within the range of 90000 yuan.

Small knowledge learning

01

What do "pirated" products look like?

The most commonly used method of "pirated" products is either unclear identification or playing word games. Usually, the outer packaging is similar to that of famous brand products.

There are three main means of "pirating" products:

One is "external truth and internal fake", that is, using the same trademark, packaging and decoration as famous trademark products on "pirated" products.

The second is to "play a marginal ball" to imitate famous trademarks, so that consumers mistakenly recognize them as famous trademarks and buy them.

The third is "rush to register trade names", which registers famous trade names as trade names, confusing company names and brand names, so that consumers mistakenly think that the products of famous brands are produced by genuine companies.

02

How to avoid buying "pirated" products?

1. Check the product identification carefully.

Due to the superb means of "face changing" of "pirated" products, when purchasing goods, we must carefully check the logo, manufacturer's name, address, production date and shelf life of the goods, identify the brand of the goods we want to buy, and try to choose a regular merchant with guaranteed reputation.

2. Do not buy at a high price from scalpers.

From Disney's sky high price of "Lingna Belle" last year to the "one trick is hard to find" at the Beijing Winter Olympics, many consumers can't buy it through official sales channels, so they turn to "scalpers" to buy it at a high price. At a high price, it is likely that the "pirated" products will eventually be bought back.

Bing dwen dwen, which is so naive, does bring joy to us. People can also express their support for Winter Olympics by "piers". But Bing dwen dwen really means to promote the spirit of Winter Olympic Games. I hope you can keep a sense of common sense and not blindly follow suit and purchase rationally.

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