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Anti-Unfair Competition Case --- Ju County Winery
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1989.08.05
 ANTI-UNFAIR COMPETITION CASE JU COUNTY WINERY VS. WENDENG BREWERY FACTORY 
                                       
Plaintiff: Ju County Winery, Shandong Province                
                                       
Legal representative: Feng Yongsheng, director                
                                       
Agent: Wang Zhuqing, deputy director, Ju County winery            
                                       
Agent: Li Yuqing, Lawyer, Ju County Law Consultancy Office          
                                       
Defendant: Wendeng Brewery Factory, Shandong Province            
                                       
Legal representative: Sun Jingfu, director                  
                                       
Agent: Sun Xuejian, deputy director, Wendeng Brewery Factory         
                                       
Agent: Lu Shanrong, Wendeng City Law Consultancy Office           
                                       
The plaintiff Ju County winery, Shandong Province brought a suit before the
Lingyi Prefecture Intermediate People's Court or against Wendeng Brewery
Factory, Shandong Province for infringement on its exclusive trademark rights.
                                       
The plaintiff claims: The defendant has used words and designs as the
specific name and decoration for the white spirits produced by the defendant
which are very similar to the registered trademark of the Happy Phoenix brand
white spirits produced by the plaintiff, which caused the misunderstanding
and mispurchasing by consumers. As a result, the sales amount of the Happy
Phoenix white spirits decreased and the plaintiff suffered serious economic
losses. The plaintiff requests the defendant to stop immediately infringement
on the plaintiff's exclusive trademark right and compensate for the loss one
million yuan arising therefrom.                       
                                       
The defendant states: The registered trademark of the defendant's products is
"Tianfu Mountain" brand, and the registered trademark of the plaintiff's
products is "Happy Phoenix" brand. The name of the white spirits produced by
the defendant is "Happy Phoenix" (Xifeng Jiu) and the name for that of the
plaintiff is "Happy Phoenix" (Xihuang Jiu). The registered trademarks for the
white spirits of both parties are not the same, nor similar. Therefore, there
does not exist the facts of infringement on the exclusive trademark right.  
                                       
The Lingyi Prefecture Intermediate People's Court formed the collegial panel
in accordance with the law and by conducting public hearings, ascertains:  
                                       
The plaintiff Ju County Winery, Shandong Province registered with approval
its circle design Happy Phoenix (Xihuang) brand trademark on January 30, 1987
with the State Trademark Office and uses the trademark for the white spirits
produced by it. On the bottle decorating stamps for the white spirits, in
addition to the Happy Phoenix (Xihuang) brand registered trademark in circle
design printed, there is also the specific name Xihuang Jiu printed.     
                                       
The registered trademark for the white spirits produced by the defendant
Wendeng Brewery Factory, Shandong Province is Tianfu Mountain brand in circle
design. In order to fight for markets with the plaintiff, the defendant
carried the bottle decorating stamp printed with the plaintiff's trademark
Happy Phoenix (Xihuang Jiu) to the Laizhou City Colour Printing House and had
the Printing House print decorating stamps by imitation except for the Tianfu
Mountain  brand registered trademark replacing the Happy Phoenix brand
registered trademark and the "huang" in the name Xihuang Jiu replaced by the
character "feng". The defendant uses the printed Tianfu Mountain brand Happy
Phoenix (Xifeng Jiu) bottle decorating stamps for the white spirits produced
by it. From February 1987 to August 1988, there have been on the whole
produced 4,509,320 bottles with a sales number of 3,421,308 bottles. The
sales amount has reached 2,443,284.34 yuan.                 
            

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