The Year of the Invocation of Inviolability Cases of the Year of the Lotus

Two bottles of wine, a shape, but it is different products of the two wineries, who is Li Yu, who is Li Gui? Recently, Jingfeng Brand Erguotou Wine produced by Sanhe Fucheng Brewing Co., Ltd. has been claimed by the patentee Beijing Royal Kyoto Wine Co. Today, after the trial of the First Intermediate Court of the City, the first instance verdict Sanhe Fucheng Breweries Co., Ltd. immediately stopped manufacturing, and Beijing Supermarket and Commerce Co., Ltd. immediately stopped selling the infringing “Beijing 100-year-old Erguotou” liquor; Sanhe Fucheng Brewing Co., Ltd. and Beijing Supermarket Development Co., Ltd. With compensation of Royal Kyoto Wine Co., Ltd. 200,000 yuan.

The plaintiff, Royal Kyoto Company, claimed that the plaintiff had obtained the patent right of the design of the bottle-shaped design of the Temple of Heaven, ZL013583719, in 2002. The plaintiff produced and sold the white wine packaged in the design, and used this package as a sign to advertise and obtain good social and economic benefits. Since 2007, the plaintiff has discovered that the infringement of plaintiffs' design patents has become more and more serious in Beijing and other provinces and cities. In particular, the defendant Fucheng Co., Ltd. has copied a large number of plaintiff appearance patent products and sold white spirits for sale. It was sold at the supermarket mall of the defendant supermarket company, causing serious economic losses to the plaintiff. Therefore, it requested the court to order the two defendants to: 1. Immediately stop the infringement, and openly admit the mistakes in the media to eliminate the impact; 2. The plaintiff’s economic loss in conjunction with the compensation is 200,000 yuan and the notary fee is 2,500 yuan.

The court held that the plaintiff's patent was compared with the allegedly infringed product, both of which were glass jars modeled after the Temple of Heaven Prayer for the Year of Heaven. Their appearance, dimensions, and details were basically the same. By synthesizing the name, address, telephone number, etc. of the producer printed on the outer package of the alleged infringing product, it can be confirmed that the defendant Fucheng Company is the manufacturer of the alleged infringing product.

As a manufacturer, a supermarket company, as a seller, sells products that are similar to the plaintiff's design patents without the permission of the plaintiff and constitutes an infringement, it is supposed to bear the civil liability for stopping the infringement and compensating for the losses. According to this, the court made the above judgment.

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