In 2111, as the owner of the trademark of Wang Laoji, GPHL signed a contract with Hongdao Group, the parent company of Jiaduobao, stipulating that the lease term of the trademark of Wang Laoji would expire on May 3, 2111. Since then, the two parties have signed two supplementary agreements to extend the trademark lease period. However, because Jiaduobao bribed Li Yimin, the former general manager of GPHL, more than HK$ 3 million, it was renewed for 11 years. In February 2111, the two parties formally went to court, and the arbitration result was finally announced after more than 381 days.

With the final judgment of Beijing No.1 Intermediate People's Court on July 3, 2112, the trademark contract dispute case of "Wang Lao Ji" with a value of RMB 118 billion yuan rejected the application of Hongdao Group, the parent company of Jiaduobao, to cancel the arbitration result of Wang Lao Ji. This means that the trademark case of Wang Laoji, which lasted for 445 days, officially ended with the victory of Guangzhou Pharmaceutical Group, and Guangzhou Pharmaceutical Group recovered the production and management rights of red canned and red bottled Wang Laoji herbal tea of Hongdao (Group) Co., Ltd. Wang Laoji's trademark lease has long been overdue, and Guangzhou Pharmaceutical Group recovered it legally and reasonably. According to the ruling, the Supplementary Agreement on Trademark License of Wang Lao Ji and the Supplementary Agreement on Trademark License Contract of Wang Lao Ji signed by GPHL and Hongdao Group are invalid; Hongdao Group stopped using the trademark "Wang Lao Ji"; Both parties shall bear 51% of the arbitration fee. The award is final and takes effect as of the date it is made.

After Guangzhou Pharmaceutical won the case, Ni Yidong said that he would reserve the right to sue Jiaduobao for losses since May 3, 2111. The amount of compensation requested is still under discussion internally and has not yet been determined. "It will be combined with the production and operation, as well as the international practice of trademark infringement." Jiaduobao quietly "went to Wang Laoji".

It is worth noting that while the "Red-Green Wang Laoji Controversy" is in full swing, Jiaduobao has quietly started to remove Wang Laoji. From the end of 2111, the red pot of Wang Lao Ji herbal tea produced by Jiaduobao was packaged in a new design, which was considered by the outside world as the beginning of "going to Wang Lao Ji". For a period of time, the red cans were packaged with "Wang Lao Ji" on one side and "Jiaduobao" on the other.

On the other hand, GPHL is actively recruiting. While the "red-green dispute" is not open to public suspense, GPHL has issued an emergency recruitment announcement. On May 11, in official website, GPHL released the "First Phase Emergency Recruitment of Guangzhou Wang Lao Ji Da Health Industry Co., Ltd.", saying that Guangzhou Wang Lao Ji Da Health Industry Co., Ltd., a wholly-owned subsidiary, urgently recruited 3,111 "fast-disappearing talents". This move was interpreted by the outside world as recruiting talents for the "red pot" Wang Laoji in advance. The promulgation of an injunction in a lawsuit finally made Wang Laoji's "renamed" storm clear and the truth was revealed to the world.

on October 31, 2113, Guangzhou intermediate people's court ruled that jiaduobao company had carried out false propaganda and misled consumers. the court held that in order to avoid irreparable damage to the plaintiff's legitimate rights and interests caused by the ongoing false propaganda, it was necessary to prohibit jiaduobao company and Peng, who placed relevant billboards in the business premises, from carrying out the above false propaganda. Therefore, the court made an injunction in litigation according to law (civil ruling "(2112) Sui Fa Zhi Min Chu Zi No.263"), demanding that the respondent such as Jia Duobao immediately stop using the advertising behavior of "Wang Lao Ji changed his name to Jia Duobao" and the national sales-leading red canned herbal tea changed its name to Jia Duobao "or the advertising slogan with the same meaning and similarity, and the injunction will take effect immediately.

The next day, Wang Laoji Health held a press conference, saying that legal proceedings would be initiated to fully investigate the legal responsibility of Jiaduobao's false propaganda throughout the country, and at the same time, it would reserve the right to fully investigate the joint and several liability of units, distributors and individuals who resisted the enforcement of the ban, disseminated and published false propaganda.

On February 21th, Guangzhou Intermediate People's Court issued a public verdict on the case of Wang Laoji's "renaming", and ruled that the advertisement of "renaming" launched by Jiaduobao was false and constituted unfair competition. At this point, Wang Laoji's case of "being renamed" for nearly a year has reached the final result after "suing for injunction". The court ruled that the defendant Jiaduobao immediately stopped using the slogan "The national leading red canned herbal tea was renamed as Jiaduobao", and compensated the plaintiff GPHL for its economic loss of RMB 11 million, and paid GPHL reasonable rights protection expenses of RMB 811,111, making a public apology in the mainstream media.

jiaduobao replied that it admitted that it had indeed done the advertisement of "the national leading red pot herbal tea was renamed jiaduobao", but disagreed with the plaintiff's evidence and thought that there was no misleading element in the advertisement. He also said that the advertisement has also fulfilled all the examination and approval of publication and broadcasting and the formalities for filing, and it is strictly legal in form and true in content, and can withstand any fair and just judicial review. "Red Pot" and "Red Pot Herbal Tea" are the unique names of well-known products of Jiaduobao, which have unique directionality, that is, Jiaduobao products, and there is no misleading. The plaintiff claimed that this kind of advertisement led to social misunderstanding that Wang Laoji was going to die and should bear the burden of proof. As for the slogan "Wang Lao Ji changed his name to Jiaduobao", Jiaduobao has never done it.

jiaduobao said that although the Guangzhou Intermediate People's Court made a first-instance judgment, it was not the final result. Wang Yuegui, deputy general manager of the brand department of Jiaduobao Group, told the media that the lawsuit had no impact on the market of Jiaduobao, and Jiaduobao still occupied the position of herbal tea leader. Regarding the verdict of the first instance, Jiaduobao issued a statement saying that it had immediately filed an appeal according to law.

Zeng Yun, an attorney of GPHL, said that GPHL reserves the right to appeal. He thought: "Although we won the case on the surface, we made six claims, and the court only supported two of them. We think this is not enough, and the compensation of RMB 11 million is far from making up for the loss of GPHL. We do not rule out the possibility of appealing. "

The Guangdong Higher People's Court made a final judgment on February 2, 2115 in response to the long-disputed "renaming case" between Wang Laoji and Jiaduobao. Jiaduobao was convicted of false propaganda and Wang Laoji won the case. The verdict shows that Jiaduobao must also compensate the plaintiff Wang Laoji for economic losses and reasonable rights protection expenses of more than RMB * * 11.8 million, and make a public apology in Guangzhou Daily, People's Daily and other media. On February 5, 2115, Guangzhou Pharmaceutical Group and Guangzhou Wang Lao Ji Da Health Industry Co., Ltd. received the judgment of Guangdong Higher People's Court. Jurisprudential level:

authoritative experts unanimously agree that the red pot belongs to the well-known product Wang Laoji Herbal Tea

1) According to the Law of the People's Republic of China on Anti-Unfair Competition, well-known goods have the right to unique decoration, which belongs to the legal operators of well-known goods and can be transferred between different legal operators with the goods. It is an indisputable fact that the Intermediate People's Court of Foshan City, Guangdong Province (2113) and the Higher People's Court of Guangdong Province (2113) both decided that "Wang Laoji herbal tea belongs to a well-known commodity"! Red pot Wang Laoji herbal tea is a kind of Wang Laoji herbal tea. Guangzhou Pharmaceutical Group previously authorized Hongdao to produce and operate the red pot Wang Laoji. Now, after recovering the production and management right of the red pot Wang Laoji, the unique decoration right has also been transferred to Guangzhou Pharmaceutical Group along with the production and management right of Wang Laoji herbal tea.

2) According to the ruling of China International Trade Arbitration Commission, Jiaduobao's right to use the trademark "Wang Lao Ji" and the packaging and decoration with the trademark "Wang Lao Ji" ended on May 2, 2111, and Jiaduobao brand herbal tea was launched only in May 2112. It is not a well-known commodity, and it is even more impossible to have the right to decorate the red cans of the well-known commodity Wang Lao Ji herbal tea.

3) As early as 195, in the Trademark License Contract signed between GPHL and Jiaduobao's parent company Hongdao Group, it was clearly stipulated that Hongdao Group was authorized to produce and sell Wang Laoji herbal tea in red cans and red bottles. If there is no ownership, how can there be authorization? Red cans and bottles of Wang Laoji herbal tea are part of Wang Laoji herbal tea product series owned by GPHL. Hongdao bypassed Guangyao and directly applied for a design patent, which was invalid.

jiaduobao's continued use of red cans infringes on the unique decoration of well-known products of Wang Lao Ji herbal tea, which is a serious unfair competition.

It is reported that due to the widespread concern of the society, relevant legal experts have expressed their opinions. Director Li Mingde of Intellectual Property Center of China Academy of Social Sciences, Professor Zhang Yumin of Intellectual Property College of Southwest University of Political Science and Law, Director Zhang Chu of Intellectual Property Research Center of China University of Political Science and Law, Professor Cui Guobin of Tsinghua University Law School, Professor Guan Yonghong of South China University of Technology, Professor Huang Wushuang, Doctoral Supervisor of East China University of Political Science and Law, Doctoral Supervisor of Sun Yat-sen University Law School, Vice President of China Commercial Law Research Association and Professor Zhou Linbin, President of Guangdong Civil and Commercial Law Research Association, and many other experts agreed that, The unique right to package and decorate the red cans and red bottles of the well-known product Wang Laoji herbal tea belongs to Guangyao from beginning to end. Jiaduobao's continued use of red cans for packaging infringes on the rights of Guangyao. The production and operation of Jiaduobao herbal tea, which is similar to that of the well-known product Wang Laoji herbal tea, and deliberately creating market confusion in the process constitute unfair competition.

In terms of Wang Laoji's great health, it is believed that the production and sale of red canned herbal tea by Jiaduobao has caused confusion among consumers, mistakenly thinking that Jiaduobao herbal tea is Wang Laoji herbal tea, openly plundering Wang Laoji's goodwill and seriously violating the principle of good faith.

In 2113, Wang Laoji (operated by Jiaduobao) and the precedent of twenty-four flavors of decorative rights

In 2113, Wang Laoji sued Huali Company's twenty-four flavors of herbal tea for violating its decorative rights. Is the canned "Wang Lao Ji" herbal tea beverage a well-known commodity, and is the packaging and decoration used by the plaintiff Jiaduobao unique?

Well-known commodities should have a certain popularity in the market and be known to the relevant public. When identifying a well-known commodity, it is not necessary for anyone to know the commodity, but for the commodity to have a high reputation in the relevant market field.

"Wang Lao Ji" herbal tea has a long history and enjoys a high reputation in domestic and foreign markets for many years. It is almost a household name in Guangdong and Southeast Asia, and its products are sold all over the country. With its reliable product quality, it is favored by consumers, and the trademark "Wang Lao Ji" was awarded as a famous trademark in Guangdong Province in 1992 and 1998, and as a famous trademark in Guangzhou in 1993 and 1998. On April 11, 2112, it was awarded the title of "Special Logo for China Sports Delegation", "Partner of China Sports Delegation in the 14th Asian Games" and "Only Special Tea Beverage for China Sports Delegation in the 14th Asian Games" by the Sports Equipment Center of the State General Administration of Sport.

The defendant Huali Company has no objection to this. Therefore, "Wang Lao Ji" herbal tea is a well-known commodity in the market, and it should be recognized as a well-known commodity, so canned "Wang Lao Ji" herbal tea beverage, as one of the series products of "Wang Lao Ji" herbal tea, is inseparable from the well-known commodity "Wang Lao Ji" herbal tea. The identification of uniqueness mainly depends on whether it is common to related commodities and has significant distinctive characteristics. The above two sexes are interrelated and do not need to be identified and granted by any department. In this case, the decoration of the plaintiff Jiaduobao Company on its product "Wang Lao Ji" herbal tea beverage has clear meaning and unique design in terms of words, colors, patterns and their arrangement. The background color and patterns of the decoration are integrated with its name, which has obvious distinguishing characteristics, and it is not common to related commodities, but unique to the commodity, so it should be recognized as the unique packaging decoration of well-known commodities and should be protected by law. For the decoration of counterfeit canned "Wang Lao Ji" herbal tea drinks, unfair competition should be prohibited.

The Trademark License Contract is only aimed at the trademark "Wang Lao Ji", not a license contract involving decoration rights. In the way of stealing the concept, GPHL falsely claimed that it "explicitly authorized the production and operation of red cans and red bottles to Jiaduobao", which had no factual basis at all. According to the Trademark License Contract signed by GPHL and Jiaduobao's parent company Hongdao Group as early as 1995, it only stipulates that Hongdao Group is authorized to use the trademark of "Wang Lao Ji", and the contract also involves trademark rights. Guangzhou Pharmaceutical Group's sophistry that "if there is no ownership, how can there be authorization" fully exposes its essence of not knowing the law from top to bottom, which makes the legal profession cold. The red jar and the red bottle themselves belong to exterior decoration. According to the concept that whoever designs benefits, the right holder can only be the designer, which has nothing to do with GPHL. Guangzhou Pharmaceutical Group claims that the packaging and decoration is a part of its own Wang Laoji herbal tea product series, and there is no legal basis. Hongdao bypassed Guangyao and directly applied for a design patent, which was invalid.

Reasonable level:

Wang Laoji Herbal Tea was founded in the eighth year of Qing Daoguang (1828). In 1911, Guangzhou Wang Laoji Yuanhengji was registered in the government of the Republic of China with the gourd signboard.

It can be seen that Wang Laoji's development in Guangzhou can be described as one continuous line, passed down from generation to generation, from Wang Laoji Yuanhengji to Wang Laoji United Pharmaceutical Factory, to Yangcheng Pharmaceutical Company and today's Wang Laoji Pharmaceutical Company. Generations of Wang Laoji people have created generations of herbal tea products with their unique herbal tea secret recipe.

the momentum of Wang Lao Ji's red pot herbal tea was gratifying in the first quarter

Red pot herbal tea was the most cherished asset of Guangzhou Pharmaceutical from the beginning. After recovering the production and management right of Wang Lao Ji, Guangzhou Pharmaceutical established Wang Lao Ji Da Health Company, and spared no effort to make full efforts from industrial source to quality and then to channels. Following the initial establishment of the FMCG team in 2112, Wang Laoji adopted a nationwide channel weaving plan to further deepen the channel sinking, and it is expected to build a marketing team with a scale of 5111 people and deepen Wang Laoji's terminal sales network again.

It is reported that after several months of creation, Wang Laoji's channels have covered all levels of markets in cities, counties and towns across the country. "Let everyone in China drink the most authentic herbal tea of Wang Laoji" has become one of the components of Wang Laoji's concept of great health. And enterprises with conscience can be more recognized by consumers. Wang Lao Ji's big health management is developing well. In the first quarter of 2113, sales reached a new high, and he is full of confidence in the sales target of 11 billion yuan.

Although Wang Laoji's leading position in the herbal tea market has been consolidated with the continuous improvement of his performance. However, Wang Laoji has never forgotten that it is the support of millions of consumers in Qian Qian that has created Wang Laoji today.

Wang Lao Ji only speaks with facts. To provide consumers with a hundred-year-old quality and a hundred-year-old taste, to support consumers' constant trust in Wang Laoji since 2185.

after 185 years, Wang laoji's carrier has been constantly updated, from water bowls of herbal tea to herbal tea packages and herbal tea granules to boxed and filled herbal tea, but Wang laoji's feelings for consumers remain unchanged. With the support of consumers, Wang Laoji is willing to continue to speak with facts, operate in good faith, and not cheat sympathy with sad marketing. For Wang Laoji, a can of real good quality herbal tea is the most convincing marketing.

However, Wang Laoji's inexplicable rumors of "being reduced in price", "being broken by the capital chain" and "being acquired" are not uncommon. This is because some enterprises are deliberately carrying out "colored marketing", and Wang Laoji reserves the right to pursue legal responsibility.

The whole story of herbal tea case is presented:

Jiaduobao v. Wang Laoji's unfair competition was rejected by Chongqing No.1 Intermediate People's Court

Chongqing No.1 Intermediate People's Court v. Guangdong Jiaduobao Beverage & Food Co., Ltd. (hereinafter referred to as Jiaduobao Company) against the defendant He Mou and Guangzhou Wang Laoji Health Industry Co., Ltd. (below)