China Food

2.04 million yuan of compensation! Blue pot cookies vs crown cookies unfair competition

A lawsuit between two highly aligned cookie makers has been settled recently.

Recently, Denmark Qixin blue can Co., Ltd. (hereinafter referred to as “Denmark Qixin blue can company”) has received the “civil judgment” issued by Beijing Intellectual Property Court of the second instance, ruling that Denmark Qixin blue can company won the case of unfair competition dispute with you Yijia (Shanghai) Food Trading Co., Ltd. (crown cookie China Import distributor, hereinafter referred to as “youyijia company”). The judgment requires the appellant youyijia company to stop false publicity, publish newspapers to eliminate the influence, and compensate the appellee of Denmark Qixin blue tank company for economic losses of 2 million yuan and reasonable litigation expenses of 40000 yuan.

At this point, the six-year case of Danish blue can suing crown cookie for unfair competition has finally come to an end. Interestingly, at this time, the Danish blue can cookie has changed its owner – Ferrero is currently its holder.

Case review

The dispute between the two sides began in 2014.

Six years ago, Denmark Qixin blue can company filed a civil lawsuit with the people’s Court of Shijingshan District, Beijing, and sued youyijia company, the dealer of crown cookies, and Shijingshan branch of contemporary mall, the seller, to the court. It was held that the positive pictures of crown cookies imported and distributed by youyijia company used patterns similar to the front packaging and decoration of blue can cookies. At the same time, crown cookies’ false propaganda on its origin, quality and production ingredients is an unfair competition behavior.

Therefore, Denmark Qixin blue can company sued the court, demanding that the two companies immediately stop using the special packaging, decoration and false publicity of well-known goods immediately, and claim to compensate for economic losses and reasonable expenses totaling 10 million yuan.

It is found that in the first instance, the disputes between the two parties and the court’s judgment are as follows:

  • On “good use of packaging and decoration”

According to the official micro signal “Jingfa online affairs” of Beijing Higher People’s court, on June 29, 1994 and April 28, 2006, Denmark Qixin blue can company obtained the exclusive rights of registered trademarks No. 822939 and No. 5322371 respectively, and used the two trademarks in the bread packaging and decoration of blue can cookies.

The Chinese mainland company has registered a series of trademarks. From February 28, 2011 to October 21, 2016, Lee Teuk company has obtained the right to sell and use all the intellectual property rights of crown cookies in the mainland of China through the authorization of the British company, Danish Danny poetry and Indonesia’s big company.

Common trademark of crown cookies

According to youyijia, the packaging and decoration of crown cookies are from Indonesia PT.PEMINDO Our company is responsible for the production of cookies from Indonesia’s largest company, and is imported from China to China. The designs and characters of “Danish specialty foods APS” and “Danish cookies” used by crown cookies are all authorized and licensed by alite company of the United Kingdom, Danis company of Denmark and macda company of Indonesia, which are part of the registered trademarks.

Therefore, the court held that the plaintiff Qixin blue can company of Denmark claimed that the defendant youyijia company used the special packaging and decoration of well-known goods without authorization, which was not supported by the law.

  • On “false publicity of origin”

Danish new blue tank company believes that the company’s official account, the WeChat public number, the electricity supplier and the TV channels have used the pictures and pictures of the European Court gathering style, and used the slogans such as “Royal” and “Royal Danish Royal”. There are false elements in the publicity of the crown cookie product quality, which constitutes a misleading false propaganda. When competitive behavior.

Pictures of advertisement on youyijia’s official website

The court held that: it was verified that the “origin” or “country or region of origin” of crown cookie products were Indonesia, and the advertisement in newspapers and e-commerce websites of youyijia company that the origin of crown cookies was Denmark contained false elements.

In the first instance, the company won the case. Youyijia filed an appeal in 2018 due to dissatisfaction with the first instance decision.

Recently, the Beijing Intellectual Property Court of the second instance upheld the judgment of the first instance, requiring you Yijia company, which imports and distributes crown cookies, to immediately stop the unfair competition involved in false publicity, publish a statement to eliminate the impact of unfair competition on the plaintiff Denmark Qixin blue can company, and compensate the plaintiff for relevant economic losses.

“New owner” behind

Six years ago, when the two sides went to court, the owner behind the blue can cookies was Campbell Soup Company, an American food company. Now, it has been replaced by Italian chocolate giant Ferrero.

In 2019, Campbell announced that it had signed a final agreement to sell its Kelsen group A.S. to a Ferrero affiliate for $300 million (about RMB 2.062 billion), which won the blue can cookies.

Danish blue can cookies

“We want to expand its presence in the premium cookie category.” “Kelsen’s Danish house and Danish blue can cookies have become important holiday gift products, enjoying a high brand awareness among consumers and occupying a leading position in the category of cookies, especially in the mainland of China, Hong Kong, and the United States market.”

Today, in response to the inquiry of the snack agent, the relevant staff of the Danish Qixin blue can company said today in reply to the inquiry of the snack agent: “Denmark Qixin blue can company has always attached great importance to the Chinese market, more respect for Chinese consumers, and firmly believe that the interests of consumers are supreme. They hope to create a good and fair market environment and promote the healthy development of the industry.”

It is reported that youyijia company is still in another lawsuit. The company told the media that in 2019, the company filed a lawsuit against the Danish blue can company and its affiliated companies, distributors and other related parties about the history, quality, extreme use of words, place of origin, and Danish royal title, etc., and filed a lawsuit in Haidian District Court of Beijing, and filed a lawsuit with the Danish blue can company and its affiliated companies and distributors Fang claimed 30 million yuan, and the case is under trial.

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