On October 9, a civil judgment of the second instance on the unfair competition dispute between you Yijia (Shanghai) Food Trading Co., Ltd. and Denmark Qixin blue can Co., Ltd. was published on the China judicial document website. It was found that the advertisement related to the origin and quality of crown cookie products constituted an unfair competition act of false publicity, and you Yijia, the domestic distributor of crown Danish cookies, was regarded as an unfair competition actuff08 Shanghai) Food Trading Co., Ltd. (hereinafter referred to as youyijia company) lost the lawsuit in the second instance and was sentenced to reject the appeal and maintain the original judgment.
According to the original judgment of the first instance, youyijia company must stop the unfair competition behavior involved in the false publicity, publish the newspaper to eliminate the influence, and compensate the plaintiff Qixin blue tank company of Denmark for economic loss of 2 million yuan and reasonable litigation expenses of 40000 yuan, totaling 2.04 million yuan.
The case originally originated in 2015. Denmarks blue can cookies sued youyijia company, the dealer of crown cookies, and Shijingshan branch of contemporary mall to Beijing Shijingshan court, holding that the front design of crown cookies is 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. In the first instance, the court found that the origin of crown cookies was false publicity, and the Danish company Qixin blue pot company won the case and awarded a compensation of 2 million yuan.
However, you Yijia refused to accept the judgment of Beijing Shijingshan court, and then filed an appeal to Beijing Intellectual Property Court to cancel the first instance judgment and reject the first instance lawsuit of Denmark blue can company.
Recently, the Beijing Intellectual Property Court made a final judgment on the case, confirming that the origin of crown Danish cookies was Indonesia until 2014. On September 4, 2014, some crown cookie products were produced in Denmark after its related party Danis Danish company acquired Danish Kazhe company. The content of the advertisement involved was inconsistent with the facts, and the origin of crown cookies was falsely publicized.
According to the official website, Danis was registered in 1988 and owns the brand rights of danisa (crown) and has three production centers around the world. The above-mentioned Danish factories are located in the small town of Aalborg, the northern city of Denmark, and focus on the production and supply of cookies for the mainland of China, Hong Kong and the United States. In addition, the company also has a production center in Indonesia, which is authorized by the company to produce in Indonesia. The third production center is located in Jinan, Shandong Province, China.
In addition, the court also ruled on the Royal status promoted by crown cookies. As the pictures and pictures of European Court character gathering style were used in the e-commerce TV advertisement of crown cookies, and the slogan of Royal, Danish Royal, Royal formula and royal royal were used in the e-commerce TV advertisement of crown cookies. However, there was no evidence that crown cookies products were associated with the Danish royal family in this case, so the court ruled that crown cookies were publicized There are false elements in the biography.
Although the case is over, the cookie fight has not stopped.
In 2019, the producer and distributor of crown cookies, in turn, filed a lawsuit against six blue can cookie producers, importers and distributors to the court for a claim of 30 million yuan.
According to the announcement on the Chinese court website, crown cookie claimed that there were false publicity about its history, quality, origin and royal title of Denmark, and extreme words were used in the publicity. In addition, the latter carried out confusion, leading people to mistakenly believe that there is a specific relationship between Danish blue can cookie and crown Danish cookie; Denmark blue can cookie also has false publicity about its history, quality, origin and royal title In the press conference, crown Danish cookies was spread to infringe on the exclusive right of famous commodity packaging and decoration of its blue can cookies, and carried out propaganda in many media, so as to degrade the commodity reputation of crown Danish cookies and damage its commercial credit. At present, the case is still under trial.
In fact, before the court confrontation, the two cookie brands had been publicly fighting for a long time. In 2011, Denmarks blue can cookies clarified through the official microblog that they had nothing to do with crown cookies and called them Indonesian cookies; and crown often released relevant information about Denmark to prove their pedigree.
At present, in the cookie market, Danish cookies are still very important. As competitors in this market, the competition between crown and blue can cookies will continue.