Jinan a company uses Arctic Ocean old packaging to produce soda water? Infringement!

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 Jinan a company uses Arctic Ocean old packaging to produce soda water? Infringement!


In May 2018, in Daxing District of Beijing, Arctic Ocean company found that the orange flavor soda pop-up cans produced and sold by a company in Jinan used packaging and decoration very similar to those of the Arctic Ocean soda pop can series products. Therefore, it filed a lawsuit and demanded a company in Jinan to stop infringement and compensate for the losses.

However, the defendant believes that the Arctic Ocean packaging involved in the case has stopped using, and the packaging decoration is not significant and should not be protected.

According to the Anti Unfair Competition Law of the peoples Republic of China, business operators are not allowed to use the same or similar marks of commodity names, packages and decorations that have certain influence on others, which may lead people to mistake them as other peoples goods or have specific connections with others.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }The judge said that although the Arctic Ocean packaging has the fact that the old and the new packaging are used alternately, the old packaging has not withdrawn from the market, and even if the plaintiff does not continue to use the old packaging, the goodwill carried on the old packaging still belongs to the plaintiff, and the defendant company can not get anything for nothing. By comparison, the packaging of orange soda produced and sold by the defendant company is the same as that of the canned orange soda in the old Arctic Ocean package in terms of color matching, packaging layout design and arrangement sequence of main decorative elements. It is difficult for the public to distinguish between them, and the packaging is similar, which is easy to cause confusion. Therefore, the Xicheng court decided that a company in Jinan should stop infringement and compensate 330000 yuan. The significance of this case is that it is clear that the alternate use of new and old product packaging is an important means of anti-counterfeiting and upgrading of market entities. Even if the old packaging has been abandoned, it does not mean that the old packaging has entered the public domain. It can promote the formation of a fair competition, honest and trustworthy market competition atmosphere, and help to safeguard the legitimate rights and interests of time-honored brands. Source: Beijing daily client editor: Zhang Xianchao_ NN9310

The judge said that although the Arctic Ocean packaging has the fact that the old and the new packaging are used alternately, the old packaging has not withdrawn from the market, and even if the plaintiff no longer continues to use the old packaging, the goodwill carried on the old packaging still belongs to the plaintiff, and the defendant company can not get anything for nothing.

By comparison, the packaging of orange soda produced and sold by the defendant company is the same as that of the canned orange soda in the old Arctic Ocean package in terms of color matching, packaging layout design and arrangement sequence of main decorative elements. It is difficult for the public to distinguish between them, and the packaging is similar, which is easy to cause confusion. Therefore, the Xicheng court decided that a company in Jinan should stop infringement and compensate 330000 yuan.

The significance of this case is that it is clear that the alternate use of new and old product packaging is an important means of anti-counterfeiting and upgrading of market entities. Even if the old packaging has been abandoned, it does not mean that the old packaging has entered the public domain. It can promote the formation of a fair competition, honest and trustworthy market competition atmosphere, and help to safeguard the legitimate rights and interests of time-honored brands.