Port communication"Yakult"、The battle of “good bacteria”，Can’t stand the similar outer packaging? Yakult、Yakult...people who often go to supermarkets，If you have been to the yogurt area，You must have seen or drank this drink before。but，This company caused trouble at the beginning of this year，Shenzhen Intellectual Property Court received a related appeal case，The rights holder of “Yakult” sued “Yariduo”。Lots of good bacteria? What guy? Have you heard it somewhere but can't remember it?
right，It's the one above。Can't you tell the difference without looking carefully? Because the packaging is similar。"Yakult" sued "Yiliduo" for trademark infringement and unfair competition. Yakult's headquarters was established in January 1949，Shenzhen Yiliduo Dairy Co., Ltd.、Yakult (China) Investment Co., Ltd. is a company invested and established by Yakult Headquarters in China.。The product involved in the case "Yakult"，Mainly sold in Guangdong Province。
Yakult Headquarters enjoys the copyright of single-bottle containers and five-row packaging and decoration of "Yakult" and "Yakult" and the exclusive rights of multiple "Yakult" registered trademarks。
Plaintiff Yakult News found，The defendant did not obtain permission、Unauthorized use of packaging boxes and containers similar to the products involved in the milk drinks produced by it and sold by Lokma Company，And use the "Yiliduo" logo that is similar to the "Yiliduo" registered trademark，constitutes infringement of its trademark rights and unauthorized use of the unique packaging of its well-known products、Unfair competition in decoration。
Sure enough, the defendant and the company believed that，The trademark "Yiyuduo" used on the allegedly infringing products is a common name，The single bottle container of the accused infringing product is a common container in the industry，And there is a significant difference in shape from the respondent’s product，Will not cause confusion to the public。
The court of first instance ruled that the defendant Guoran Company should immediately stop infringing the exclusive right to use the registered trademark of Yakult Headquarters.，Immediately stop using the unique packaging of well-known products with "Yakult" and "Yakult" products、Five-row packaging with similar decoration、decoration，Compensate Yakult for economic losses and reasonable
cost
A total of 700,000 yuan。in addition，Lokma immediately stopped selling the "Yi Bacteria" fermented milk drink produced by Guoran Company。
Sure enough, the company refused to accept the appeal.，Unfortunately, the second trial upheld the original verdict。After hearing the case, the Shenzhen Intellectual Property Court held that，The logo of the allegedly infringing product is similar to the respondent’s main combination trademark，The overall packaging and decoration are similar to the respondent’s products，Subtle differences in the outer packaging of infringing products are not sufficient to prevent confusion among the general public。therefore，Sure enough, the company's behavior constituted an infringement of the respondent's exclusive right to register a trademark and unfair competition.。
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