Remember in the hot summer last year, there is a double yolk egg ice cream in the middle of two yolks salty sweet yolk flavor, with other ice cream does not have double the unique flavor, become a net red, received a lot of people love. However, in June last year, suddenly up "sampling failed", so that it experienced a food safety storm. A wave has not leveled a wave again, not long ago, the Nanjing Intermediate People's Court concluded a "double yolk egg" ice cream related cases, Ao Xue as the plaintiff won the case, let's learn more about the details of the case!

Do you know what brand of ice cream you're eating? It's the Ao Xue brand, and it is reported that Ao Xue completed the design of the double-yolked egg on November 30, 2018, and held a conference on December 9 of that year. However the people are red.

Xiantao Shahu Chufeng Food Factory produced an ice-cream called Baisi (BAISI) brand "Shahu double yolk egg", and online and offline are vigorously sold, the ice-cream and Ao Xue's "double yolk egg" ice-cream not only in the name, and even in the packaging, packaging and packaging. The name, and even the packaging and décor are extremely similar.

In May last year, the company sued Chufeng Food Factory and its investor Peng Ziqiang to the Nanjing Intermediate People's Court, claiming that the factory had used the same name and similar packaging and decorations, which could easily confuse consumers, and requesting the court to safeguard its legal rights and interests.

In response to the case, the court accepted the case on May 20, 2019, held a public hearing on September 17, 2019, and recently concluded the trial and pronounced judgment. During the case, Ao Xue asked the court to rule that Chufeng Food Factory immediately stop producing and selling goods suspected of unauthorized use of the same or similar marks as Ao Xue's "double-yolked egg" ice-cream trade name, packaging, and decoration.On July 26, 2019, the Nanjing Intermediate Court issued a pre-suit injunction against Chufeng Food Factory based on the prima facie evidence provided by Ao Xue. issued a pre-litigation injunction.

Finally, the court recognized that Aoxue's plaintiff's "double yolk egg" trade name does not constitute a certain influence on the trade name, but in the goods in the packaging, decoration has a certain influence, therefore, the defendant Chufeng Foodstuffs Factory's behavior constitutes unfair competition, and Peng Ziqiang, as the only shareholder and investor in Chufeng Foodstuffs Factory, should be jointly and severally liable for damages. Should together bear joint and several liability. And make the following compensation

one, chufeng food factory immediately stop unfair competition;

second, the defendant chufeng food factory and peng ziqiang compensation company 600,000 yuan;

third, dismiss the plaintiff other claims.

And ordered the two defendants *** with the acceptance fee and property preservation fee *** totaling 27,800 yuan.

By the above case, we can understand the brand trademark is the intangible assets of enterprises, extremely important. When there are similar products, confuse consumers to buy, we can take the relevant legal means to defend rights and protect the legitimate rights and interests of enterprises. More trademark knowledge can pay attention to the eight quit intellectual property trademark trading platform.