Coconut Tree Group is one of the top ten enterprises in China beverage industry. Its coconut juice has a high market share and is favored by consumers. The brand awareness and reputation of coconut trees are far ahead in the industry. In order to stick to the brand goodwill of coconut trees and gain illegitimate interests, some enterprises repeatedly produce and sell fake coconut juice of "Coconut Tree" brand in shanzhai.

From June 2065438 to June 2007, the staff of Coconut Tree Group found the "Tiandi Coconut" coconut juice produced by Jianyi Beverage Company in a supermarket in Lili, Wujiang. Its outer packaging is almost the same as that of the "Coconut Tree" brand coconut juice product, which is obviously a counterfeit product. Therefore, Coconut Tree Group sued the court, suing Jianyi Beverage Company for infringement of its trademark exclusive right and unfair competition.

After the trial, the court pointed out that the word "coconut juice" was prominently used on the front of the product can. Coconut juice is a kind of beverage, which is a common name in the industry. It does not have the function of identifying the source of goods, so the defendant's behavior does not constitute trademark infringement.

However, the cans of "Tiandi Coconut" and "Coconut Tree" are all black, and the product packaging on the cans is highly similar. Moreover, the trademark of "Tiandi Coconut" coconut juice is not marked on the front of the tank, but on the back of the tank, which is easy to confuse consumers, and the defendant's behavior belongs to counterfeit goods with certain influence.

Accordingly, the court found that the defendant's behavior did not constitute trademark infringement, but constituted unfair competition. The defendant shall immediately stop the infringement and compensate the plaintiff for the corresponding economic losses.

On July 5th, 20021,Hainan Eagle Aviation Beverage Co., Ltd. and Coconut Tree Group Co., Ltd. made public the second-instance civil judgment of unfair competition dispute. Beijing Lvquanguo Brand Investment Management Co., Ltd., Hainan Yinghang Aviation Beverage Co., Ltd. and Guangdong Xinchaoyang Food and Beverage Co., Ltd. were sentenced to stop misconduct and compensate Coconut Tree Group for 65,438+10,000 yuan.

Coconut Tree Group has a high awareness of trademark protection.

Coconut Tree Group not only pays attention to cracking down on counterfeiting and infringement in the market, but also attaches great importance to protecting brands such as trademarks and domain names. In terms of domain names, Coconut Tree Group holds domain names in yeshu.com and yeshu.com.cn, and domain name protection is lacking.

In terms of trademarks, Coconut Tree Group holds about 600 registered trademarks, among which "Coconut Tree" trademark covers all kinds of goods or services, which shows that Coconut Tree Group has a high awareness of trademark protection.