Wang Lao Jigaduo Ting debate eight hours

Following the dispute between Wanglaoji and Jiaduobao, the "Red Cans Dispute" once again set off hot spots in the media.

At 8:30 on the 15th, the door of the Guangdong Provincial Higher People’s Court was crowded with people who came to watch the case. More than 60 media focused on the trial site, and many official Weibo live broadcasts.

Guangdong Jiaduobao Beverage & Food Co., Ltd. (abbreviated as "Jadobo") v. Guangzhou Wanglao Jida Health Industry Co., Ltd., and Guangzhou Pharmaceutical Group Co., Ltd. ("Guangxi") v. Jiaduobao unauthorized use of well-known commodity-specific packaging and decoration disputes The case was filed in Beijing No. 1 Intermediate People’s Court and Guangzhou Intermediate People’s Court on July 6 and July 4, 2012 respectively. On December 12th of the same year, Jiaduobao’s application for “trial in the third party’s court” was filed; On December 22, the Supreme People's Court appointed the Guangdong High Court to join the trial.

Both parties filed a lawsuit request and ordered the other party to stop using red cans and stop production and sales of herbal tea products with infringing packaging and decoration. In addition, Jiaduobao and Guangpui filed claims for economic losses of RMB 30.96 million and RMB 150 million, respectively.

The trial lasted nearly 8 hours. The two parties revolve around "what are the well-known commodities involved in the case, what are the unique packaging and decoration of the well-known commodities", "the unique packaging and decoration of the famous products involved in the case," and "whether the packaging and decoration of the famous products involved in the case are compatible with the Wong Lo Kat trademark or JDB "The company's separation" and "how to calculate the economic loss" and other focused issues began to debate.

What are the famous products and their unique packaging and decoration?

Gadobao believes that the well-known commodities in this case should be defined as "red canned herbal tea products produced by the JDB company and formulated using Wang Zebang's formula", including red canned herbal tea produced by Jiaduobao with Wanglaoji brand and Jiaduobao brand. At present, the red pot herbal tea involved in the case has been ranked first in the national canned beverage sales for many years and has become a well-known commodity. In addition, well-known trademarks cannot be equated with well-known commodities. The reputation of products depends on the long-term operations of producers and sellers, rather than on the well-known products. JDB's corporate name and Wang Zebang's formula are more important product identifiers.

Guangpah believes that Jiaduobao's definition of well-known commodities is an invalid definition, and believes that herbal tea with Wanglaoji brand has a long history as a well-known commodity, and red pot herbal tea is only one of the Wong Lo Kat products.

Who has the right to have a "red can" package?

Gadobao believes that the packaging and decoration of trademarks and commodities are independent and separated and are protected by different laws. "Wang Lao Ji" trademark rights and the exclusive packaging and decoration rights of well-known commodities belong to Guangpah and Jiaduobao, respectively. After the contract is invalidated or lifted, Guangpang can only take back the trademark and the packaging and decoration still belong to JDB.

Guangpong believes that the disputes involved in the case are packaging and decoration rights rather than other rights. The rights of packaging and decorating are derived from trademark rights and copyrights. They cannot simply apply the concept of who has the right to design. According to the Unfair Competition Law, well-known goods have unique decoration rights, which are legitimate operators of well-known goods and can be transferred between different legal operators with the goods.

User hot discussion: "hype" in a win-win situation?

During the fierce battle between the two sides, netizens commented on their comments: “Muzi Li” believes that if there is no JDB, there will be no red tea herbal tea and JDB will be supported; The drug has a soft spot - anyway, Wong Lo Kat's recipe is better than that of Jiaduobao. This is what people in Guangdong know... Netizens are also disingenuous in their use of huge amounts of capital to sue lawsuits: "You Tong Yanming," the netizen believes that If you are busy going to court, you may give red pot to anyone who exports more! Netizen "An Zhongmin" believes that the two companies will achieve a win-win situation in the "hype."

The "advertising war" of both sides is equally overwhelming: the JDB's giant billboard occupying the exit location of Guangzhou Airport's Zone A. Wang Laoji has erected a sign in the access route of District A. Within days, the large LCD ad screen next to it scrolled again. The advertisement of Jaddado was broadcast. In the same blue-red word, Jiaduobao said, "I am afraid to get Jiaduobao on fire," Wang Laoji said, "I am afraid that I will drink Wanglaoji when I get angry."