A package caused disputes, Mengniu had a major event, to compensate 2 million?
Recently, two major Chinese dairy giants Yili and Mengniu have made new progress in the case of yoghurt beverage packaging disputes. After the first trial of the Haidian District People’s Court in Beijing, Mengniu infringed and compensated Yili with 2.15 million yuan.
Haidian Court held the first trial of Yili QQ Star Nutrition Juice Yogurt Drinks, sued Mengniu Future Star Nutrition Juice Yoghurt Drinks Competition for unfair competition, and determined that Mengniu Company constituted unfair competition for Yili Company, decided to stop the infringement, and assumed more than two million yuan in economic compensation. And reasonable expenses.
On December 27, the official website of Haidian District People's Court issued a document saying that it was learned that Yili Company sued that “QQ Star Nutrition Juice Yoghurt Drink†is a beverage specifically designed for children that was marketed in 2012, including banana and strawberry flavors. . The product packaging, decoration design unique, is based on the Disney cartoon image in the country's first 3D three-dimensional packaging. Since its launch in 2012, the product has won numerous awards. After advertising and publicity, it has gained a high reputation and a high market share. It is a well-known commodity widely known to the public.
Yili sued that Mengniu Company listed a product named “Future Star Nutrition Juice Yoghurt Drink†in April 2015. The product also includes banana and strawberry flavors. The package decoration is based on a cartoon image and is also a 3D three-dimensional shape. And the cartoon character is similar.
Yili Company believes that the alleged infringing product packaging and decoration is the same or similar to the product packaging and decoration of Yili Company. The product names are also similar, and the relevant public’s general attention is the standard, and it is easy to produce Confusion and misrecognition of product sources.
Yili requested the court to order Mengniu to stop selling the product and issue a statement to eliminate the impact, compensate the economic loss of 2 million yuan, and reasonably spend 1 million yuan.
Mengniu argued that Yili’s products are not well-known and endemic, both parties’ packaging and decoration do not constitute similarities, Mengniu has its own intellectual property rights, and the court is requested to dismiss the plaintiff’s claims.
In the end, the court found that Mengniu Company constituted unfair competition and should immediately stop using the unfair competition practices of product packaging and decoration involved. A supermarket in Haidian District involved in the case should immediately stop the sale of the involved infringing products. At the same time, Mengniu Company should eliminate the impact and compensate Yili Company. Economic losses and reasonable expenses amounted to 2.15 million yuan.
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