In 2021, when the epidemic situation is repeated, nongnongshan spring can generate more than 17 billion in revenue and achieve an increase of 22.1% only by relying on a bottle of water. While this has attracted widespread attention in the industry, it also makes more people in the industry think constantly - what is the "good secret" for the beverage industry to achieve high growth?

Some say it's a unique resource, some say it's a brand, some say it's an enterprise's strength, and others say it's a consensus of win-win cooperation among manufacturers Perhaps more importantly, the advantages that others realize but can't do.

Recently, in the bottled water market, Yingjia mountain spring, a new product recently listed, has received great attention from the industry. They have expressed that it is expected to become a dark horse and one of the best brands in the packaged water market. However, its slogan of "China's good water Porter" and "being one of China's two mountain springs" is imaginative because it looks like the "Porter of nature" of nongnongshan spring.

Wechat pictures_ twenty trillion and two hundred and twenty billion five hundred and twelve million ninety-two thousand three hundred and fifty-seven jpg

For example, some netizens said that "the name and advertising language are suspected of imitating the farmer's spring" and "did you copy the farmer's homework next door?".

Why do you dare to be the second porter? Is it taking advantage of nongnongshan spring, or is it involved in more serious infringement?

Company: nongnongshan spring is the benchmark of the industry and draws lessons from the experience of the excellent

Yingjia mountain spring drinking water is subordinate to Anhui Yingjia mountain spring Co., Ltd. (hereinafter referred to as "Yingjia mountain spring"), whose predecessor is Dabie Mountain Yeling Beverage Co., Ltd., which was newly renamed in March this year. Combined with the official website and tianyancha, Yingjia Shanquan company was established in October 2001 with a registered capital of 450 million yuan. It is 100% controlled by Anhui Yingjia group. It is the second listed company focused by the group. Yingjiagong liquor (603198), another core enterprise of the group, was successfully listed in 2015. According to its financial report in 2021, the company achieved an annual operating revenue of 4.577 billion yuan and a net profit of 1.382 billion yuan.

At present, Yingjia mountain spring has launched Yingjia mountain spring drinking water, zero tea, Yingjia huohu, soda water, bamboo root cutting water, fiber fruit bus and other products. On April 20, the official official account of Yingjia mountain spring released a tweet entitled "Yingjia mountain spring - China's good water Porter". The official announced that Yingjia mountain spring was newly listed and said that Yingjia mountain spring was "committed to becoming one of the two mountain springs in China."

Previously, Yingjia mountain spring said that the other of the so-called two mountain springs refers to Nongfu mountain spring. For many questions at the beginning, after the author called the product publicity department of Yingjia mountain spring, the staff replied, "Nongfu mountain spring is the benchmark of the industry. In fact, we mean to keep up with Nongfu mountain spring and learn from the experience of excellent people. There are no other problems." Euromonitor consulting data show that nongnongshan spring has a leading position in the whole industry. From 2012 to 2020, it has maintained the first market share of domestic packaged drinking water for nine consecutive years. "

Referring to the above slogan, the staff continued, "China haoshui Porter, our water source is originally China haoshui water source, which has been certified by the state, and we didn't talk nonsense. Porter is a noun that everyone can use."

According to the official website of Yingjia mountain spring, the water source of its products is located in Foziling reservoir. On February 5, 2018, Foziling reservoir was successfully selected as an excellent water source of "China's good water". Yingjia mountain spring drinking water insisted on building factories and canning here.

Although the above staff told the author that Yingjia mountain spring drinking water is promoted online and offline, the offline market is mainly in Jiangsu and Anhui. However, after searching, the author found that Taobao Yeling food flagship store and Jingdong Yeling flagship store have not yet put this product on the shelves. At the official flagship store of Tiktok Yeling, the price of 398ml*6 bottles of Yingjia mountain spring drinking water was 8.8 yuan. As of the noon of May 6, the sales volume was only 204 pieces, and the highest sales volume was soda water. So far, 572000 pieces have been sold. The performance of Yingjia mountain spring drinking water is relatively mediocre.

Lawyer: no infringement of nongnongshanquan's trademark right, advertising language or suspicion of plagiarism

For the market concern about whether the act of welcoming mountain spring involves infringement, a lawyer in Beijing explained the doubt from the aspects of trademark, advertising language, copyright and so on.

The lawyer first said that after consulting the trademark registration information of the State Intellectual Property Office, nongnongshanquan has registered the trademark of "nongnongshanquan". According to Article 56 of the commodity law, nongnongshanquan has the exclusive right to use the trademark of "nongnongshanquan" and has the right to prohibit others from using the trademark without permission.

It is reported that Yingjia mountain spring applied for the trademark of "Yingjia mountain spring" on March 15, which is internationally classified as beer and beverage. At present, the progress is "waiting for substantive review". In China, the application for trademark registration needs formal examination and substantive examination. If there is no objection after the two reviews are passed and publicized, the trademark application is passed, that is, the trademark of "yingjiashanquan" has passed the formal review.

Secondly, the lawyer believes that the advertising language "China's good water Porter" for welcoming Shanquan and the advertising language "nature Porter" for nongnongshanquan are used in the advertising of Shanquan water. There are great similarities between the two, and they are even suspected of imitation, plagiarism, hitchhiking and rubbing heat.

Based on this, the lawyer further pointed out that according to articles 2 and 3 of the copyright law, works of Chinese citizens, legal persons or organizations without legal personality, whether published or not, enjoy copyright in accordance with this law. Works refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science. Li Fulai judged that the advertising language is a kind of creativity, which is publicly published through television and other channels after its formation, and is protected by copyright. Nongnongshanquan's advertising language was first issued. If the advertising language of welcoming Shanquan misunderstood the public, or has a certain similarity, it is suspected of plagiarism.

In addition, according to the inquiry, Nongfu mountain spring registered the copyright of "we don't produce water, we are just nature's porters" in September 2018, while the copyright of works registered by Yingjia mountain spring so far is "cut water" and "cut water".

As for whether to apply for trademark and register the copyright of the above advertising language, the staff member of yingjiashanquan said, "it is not very clear that" (relevant business) is not the responsibility of the Department. "

Note: pictures and texts come from the Internet. If you have any valuable suggestions, please feel free to contact us for correction and update!