"Monkey Aunt" brought "Horizable Mushroom"!Many biscuit factories have been sued with trademark infringement, and some companies have said that they have been suspended for 3 years.

Trademark infringement has risen again.

Recently, a company in Henan Luohe, a biscuit for the production of "Hericium Mushroom" biscuits, has been held by Jiangxi Jiangxi Jiangxi Jiangzhong Food Therapy Technology Co., Ltd. (hereinafter referred to as Jiangzhong Food Therapy), which holds the "monkey aunt" trademark, and claims 500,000 yuan.

On July 13, the Luohe Food Industry Association issued an open letter saying that a number of member companies were sued and questioned the behavior of the aforementioned company in Jiangzhong Food Therapy.

The person in charge of a prosecution company said that he believes that "Herics Head" is a edible bacteria, which belongs to universal terms. Hericium mushroom biscuits are biscuits like green onion biscuits. Jiangzhong Food Therapy stated in the prosecution that Jiangzhong Group developed "Hericium Mushroom Biscuits" and named "Monkey Biscuits". The goods were recognized by the market. The only, solid connection.

The information of Tianyancha shows that Jiangxi Jiangzhong Food Therapy Technology Co., Ltd. involves a total of 440 cases of violations of trademark rights, and 353 of them are as plaintiffs. On the referee document network, "Monkey Aunt" and "Jiangxi Jiangzhong Food Therapy Technology Co., Ltd." were retrieved as the keywords. There were 190 documents for "trademark ownership and infringement disputes".

How does the food therapy in Jiangzhong respond to the defense attitude of the prosecution? As of press time, Jiangzhong's food therapy has not yet responded.

A company in Luohe was prosecuted to pack the goods. Interviewee provided by the picture of this article

After 3 years of discontinuation of the enterprise, the prosecution was received

500,000 claims for food therapy by Jiangzhong

On July 16th, Mr. Lu, general manager of a food company in Luohe, Henan, said that because of the production of Hericades, he was recently prosecuted by Jiangxi Jiangzhong Food Therapy Technology Co., Ltd. to infringe the right to trademarks.

"Civil Prosecution" provided by Mr. Lu showed that the plaintiff Jiangxi Jiangzhong Food Therapy Technology Co., Ltd. sued Henan Shifeng Food Co., Ltd. as a case of "infringement of trademark rights" and requested the defendant to claim the defendant. Immediately stop the biscuits of the "Hericium Mushroom" logo on the biscuit product; ordered the defendant to compensate the plaintiff's economic loss and reasonable expenditure of 500,000 yuan. The time for the prosecution is June 2.

Jiangzhong Food Therapy sued a food company in Henan and requested compensation of 500,000 yuan.

The prosecution also showed that since 2013, Jiangzhong Group has successively applied for the "Monkey Aunt" trademark No. 13019935, the "Monkey Aunt" trademark No. 13055691, and the "Jiangzhong Monkey Aunt" trademark No. 14717187, and approved it in Category 30 " Biscuits, cakes "and other products. In 2015, Jiangzhong Group authorized the above trademark to Jiangxi Jiangzhong Food Therapy Technology Co., Ltd. with an exclusive license method. In 2017, Jiangzhong Group transferred the above trademark to Jiangxi Jiangzhong Food Therapy Technology Co., Ltd.

The product packaging provided by Mr. Lu showed that the biscuit named for infringement was "Hericium Mushroom Crispy Biscuits". The product ingredients include Hericium mushroom powder, and the formula is marked with 8%of the amount of Hericium mushroom powder. The product packaging is pale yellow, and the front part of the packaging is printed with the words "Horizone Mushroom Crispy Biscuits", as well as pictures of Hericium Hermore and biscuits.

Mr. Lu introduced that the biscuits that were prosecuted to infringement had been discontinued in 2019. He learned from the People's Court of Zhaoling District, Luohe City that the plaintiff purchased this product in 2019 Essence He also believes that their products are significantly different from the "Jiangzhong Monkey Aunt" biscuits. He believes that their products do not constitute trademark infringement, and they will actively respond in the future.

A Shanghai company was sentenced to 400,000 yuan.

A Shanghai company was sentenced to compensate 400,000 yuan
​​court: constitutes approximate trademark

Earlier, a Shanghai company was also sued by Jiangzhong food therapy for producing Hericium mushroom biscuits. The second -instance judgment provided by Mr. Xu provided by the company's legal person showed that in March 2022, the Beijing Intellectual Property Court believed that considering the location, font size and style factors of the "Herics Head" logo on the infringing goods, the company's use of the company has already been used. Make the "Hericium Head Mushroom" logo play a role in identifying the source of the product and exceed the scope of descriptive use.

The court believes that the "Herics Head" logo used in the accused of infringing goods is similar to the composition of text, calling and other aspects of the trademark involved, which constitutes similar trademarks. It may be recognized, or it is considered to have a specific connection with Jiangzhong Company. In summary, the behavior of the company involved constituted the dedicated right of trademarks involved in the case. The corporate corporate compensation is 400,000 yuan.

A Shanghai company was sentenced to 400,000 compensation. The picture shows the second trial referee documents.

The product picture provided by the person in charge of the company shows that the company's product packaging is printed with the "Hericium Mushroom" logo in the middle, and the products have red dates and green onions.

Mr. Chen, the person in charge of another company in Luohe, said that the product he first produced was called "Herchi" biscuits. After being prosecuted, he was renamed the "Herics Head" biscuits, but after renamed it, he was once again sued by the food therapy of Jiangzhong, but then Jiang The Chinese food therapy withdraws the lawsuit for some reason.

He believes that "Herics Head Mushroom" is a common name. Their products are significantly different from the size of monkey aunt biscuits in Jiangzhong. product.

Monkey aunt product. Official website screenshot

The "Monkey Aunt" trademark controversy has a long history.
has been repeatedly announced that it has been invalidated to apply for industrial and commercial information. Jiangxi Food Therapy Technology Company was established in 2011. It was originally a wholly-owned subsidiary of Jiangzhong Group. Essence In 2017, Shengdao Investment Investment Control Jiangzhong Food Therapy became the largest shareholder. Jiangzhong Monkey Aunt Biscuit is one of the well -known products of the company.

After the monkey aunt biscuits became popular, a series of "cottage" biscuits also appeared in the market. In 2014, CCTV reported on the "cottage" situation of monkey aunt biscuits in Jiangzhong. In 2017, Jiangxi announced the typical cases of intellectual property rights, and the "monkey aunt" biscuits in the middle of the river were also selected.

Public information shows that in the previous "monkey aunt" trademark dispute, many of the infringing goods were called "Hermoree" biscuits. Some lawyers believe that from the perspective of product logos and packaging, some of the "monkey mushrooms" biscuit products are really suspected of playing.

The "monkey aunt" trademark of the food therapy in Jiangzhong has also been invalidated for the application. On China Trademark Network, there are 32 invalidation requests invalidation of "Monkey Aunt", and the trademark bureau has ruled to maintain dispute trademarks.

A company in Ningbo had determined that the State Intellectual Property Office maintained the "monkey aunt" trademark and filed an administrative lawsuit against the latter. The Beijing Intellectual Property Court ruled at the first instance, and the State Intellectual Property Office re -ruled it. The Beijing Higher People's Court of the Second Appeal also believes that "Hericium Mushroom" and "Monkey Aunt" have not formed a corresponding relationship. "Monkey Aunt" does not directly indicate the characteristics of the main raw materials of the use of goods. Revisit the first trial judgment.

You Yunting, a partner of Shanghai Dabang Law Firm, believes that in the case of 400,000 yuan of compensation in Shanghai food companies, the "Hericium Mushroom" font is slightly larger than a biscuit. "Hericium mushroom is a common name, you can't monopolize the monkey head mushrooms with the word" monkey aunt "."

You Yunting said that according to Article 59 of the Trademark Law, if the user uses the natural meaning of a word on the commodity, the trademark owner has no right to stop it. He believes that the Hericium mushrooms are one of the raw materials for biscuits in this case, and the use of goods constitutes a reasonable use, and does not infringe the special rights of trademarks.

In addition, You Yunting pointed out that the reason for the Beijing Senior People's Court to maintain the "Monkey Aunt" trademark is that "monkey aunt" and "Herchia mushrooms" have no corresponding relationship. "In other words, others use Hericium mushrooms to objectively describe biscuits, not trademark infringement. "

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Source: Cover News

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