Pepsi-Cola Trademark Case,300Can 10,000 yuan of compensation buy you a lesson?,The "hidden rule" in market competition is that the big fish eats the small fish,Small fish eat shrimps,In many cases, small businesses are not only unable to compete with large enterprises,They may even be squeezed out of their living space by big companies.,Forced to leave。but is it possible,Can small fish and shrimps counterattack against the trend?
have,Today I will give you an example in 2003,Liang Yonghua, head of Lanye Company, registered the "Blue Storm" trademark,The license covers Coca-Cola、Mineral water and other beverages。soon,He found a cooperative manufacturer,Use the "Blue Storm" trademark on your own beer。2005May,Pepsi-Cola began to spend huge sums of money to launch a "Blue Storm" themed promotional campaign of the same name in mainland China.。
Public information display,PepsiCo spent 100 million yuan on advertising for its "Blue Storm" series of products in China,There are 200 million prizes promoted for this purpose,The total value of prizes reaches 2 billion yuan。
2005December 12,Zhejiang Lanye Liquor Co., Ltd. sued Shenzhen Pepsi-Cola Beverage Co., Ltd., a subsidiary of Pepsi-Cola Company, to the Hangzhou Intermediate People’s Court,Claimed that PepsiCo's "Blue Storm" series of products infringed on the company's trademark rights,Claim 3 million yuan,and
Require
Compensation for other reasonable expenses。
2006November,The Hangzhou Intermediate People's Court ruled against Lanye Company in the first instance.,There are two reasons,The "Blue Storm" used by Pepsi is the logo,rather than a trademark,And Pepsi has no subjective intention to infringe。2007May 30,The High Court overturned the first instance judgment,The fact of Shenzhen Pepsi’s infringement was determined to be established。Shenzhen Pepsi must compensate Lanye 3 million yuan,and publish a statement in the media,clarify the facts、Eliminate the impact。
Seeing this, all my dear friends will be confused.,Pepsi accidentally lost 3 million,How many bottles of Coke will this cost? It is true that people are rich,But it’s not like this flower method! And regarding the case itself, the plaintiff,Liang Yonghua, head of Zhejiang Lanye Wine Industry,In fact, I didn’t even want to file a lawsuit in the first place.,But in 2005,PepsiCo's 'Blue Storm' campaign gets stronger,“People always think that we are copying famous brands.、Counterfeit Pepsi。
"Once the Industrial and Commercial Bureau detained a batch of Lanye goods for counterfeiting the Pepsi-Cola trademark.,Liang Yonghua had no choice but to show them the trademark certificate of "Blue Storm",Get the goods back later。I can only save my reputation through litigation。"But in the end,With patent rights to the "Blue Storm" trademark,Lanye Winery won the lawsuit,Achieved a gorgeous counterattack by an ant tripping up an elephant。
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