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Wang Laoji and Jia Duobao (case of trademark dispute)
Question 1: Case study of intellectual property rights: What is the dispute between Jiaduobao and Wang Laoji (trademark right and patent right)?

Question 2: What does the "Wang Lao Ji" brand dispute leave us? Data Map A few years ago, many people didn't know that the brand "Wang Lao Ji" was a cooperation agreement between GPHL and Jiaduobao Group. Most people mistakenly think that "red cans and green boxes are a family". At that time, the slogan of "afraid of getting angry and drinking Wang Laoji" made a herbal tea brand have a larger market share than well-known beverage manufacturers. Here, I have to say that GPHL's slogan "Wang Lao Ji and Boxes" is really great. Jiaduobao spends a lot of money on brand promotion every year. In 2008, we donated RMB 1 100 million to Wenchuan earthquake, further developing the brand to the extreme. At that time, many people questioned Wang Laoji's hype, including the later "blocking Wang Laoji" campaign, but in fact, this controversy was quickly drowned out by netizens' saliva: "hype? You also donate 100 million to try. " Through this charity, Wang Laoji's sales have reached the ultimate peak since production. At that time, the publicity of GPHL's "Green Box Wang Laoji" also increased and gained many benefits. "A hundred flowers are not red for a hundred days". In fact, Wang Laoji's brand dispute has planted the seeds of disputes since he signed a brand cooperation book with Jiaduobao. Facts have proved that there will always be only "interests" in front of cooperation. The cooperation at that time must be the result of careful consideration and win-win for both sides. Maybe they never thought they would go to court one day. The main reason for today's controversy is that "Wang Lao Ji" is on fire. In this brand dispute, Jiaduobao's response performance is indeed in place. From the initial font of "half Wang Laoji, half Jiaduobao" to "afraid of getting angry and drinking Wang Laoji" to "authentic herbal tea produced by Jiaduobao", a series of countermeasures have kept the loss of brand transformation to a minimum. At present, it seems that the red jar has remained basically unchanged, but the font "Wang Lao Ji" has been changed to "Jiaduobao". Many customers actually don't know these "details" changes, but in spite of this, Jiaduobao paid a great price. In this brand dispute, many onlookers will "sympathize" with Jiaduobao and think that the raised children have now given them a "loss-making business". At this point, Jiaduobao is indeed a bit "embarrassed". However, things are considered in two aspects: Jiaduobao's annual brand usage fee for GPHL is only 5 million, which is totally out of proportion to the annual sales of tens of billions. Imagine, for Guangzhou Pharmaceutical, isn't this a "loss-making business"? Aside from these, what inspiration does this "brand dispute" leave us? Creating your own brand is the way to live longer. China is one of the largest OEM factories in the world. Whether it's the high-end Iphone in mobile phones, Adidas in clothing, cosmetics or other things, China has foundries. These brands that make ordinary income people "flinch and take what they need" have made many multinational companies, even the top 500. However, the profits obtained by the foundry are very small. Most of the income is still earned by enterprises owned by brands, which is the power of brands. When Jiaduobao signed a cooperation agreement with Guangzhou Pharmaceutical, it took a fancy to Wang Laoji's brand potential. However, in the past ten years, when Jia Duobao has been able to create his own brand, he has repeatedly lost opportunities. Up to now, there are only two brands, namely "original Wang Lao Ji brand herbal tea" and "Kunlun Mountain mineral water". Once the operation mode of a single brand is controversial, it may face the crisis of "losing all its money". Although Wang Laoji had to focus on "Jiaduobao" herbal tea when the Wang Laoji brand dispute was in a desperate situation, he had already delayed the fighter plane and missed the best opportunity to build his own brand. Therefore, the brand should be sooner rather than later, and the agent brand will always be "making wedding clothes for others". Even if you do profit from the agency brand, the biggest beneficiary will always be the brand owner or holder. Abiding by business ethics is the best policy. An important reason for Jiaduobao's weakness this time is the extension of the Wang Laoji brand use agreement signed with the former general manager of Guangyao. At present, it has been verified that this agreement was reached by Jiaduobao through abnormal means such as bribery, so it was certified invalid. Facts have proved that this move is too "smelly". There is no fire in the paper. After the incident was revealed, Jiaduobao was not only in a bad impression such as "bribery", but may even pay a more serious price such as the brand reputation being affected. Many people understand that business is the right way, but in the face of interests, many people will try to take risks and gamble. In fact, this kind of "gambling" will make things worse and end in failure. This Wang Lao Ji brand dispute once again sounded the alarm for us: business is the right way, which is by no means empty talk, but the real experience summed up from businessmen for thousands of years. If you win, you lose Some people say that Jiaduobao was defeated perfectly this time, and the brand of Wang Laoji ... >>

Question 3: What is the trademark dispute between Wang Laoji and Jia Duobao? Wang Laoji is a trademark of GPHL and was authorized to Jiaduobao. Jiaduobao spent a lot of money to make it famous. GPHL used the expiration of the license contract to recover the trademark and prevent Jiaduobao from using it.

Question 4: What happened to the trademark dispute between Wang Laoji and Jia Duobao? Wang Laoji is a trademark of GPHL and was authorized to Jiaduobao. Jiaduobao spent a lot of money to make it famous, and GPHL used the license contract to recover the trademark and prevented Jiaduobao from using it. That's what happened.

Question 5: Who won the 2.9 billion trademark case between Wang Laoji and Jia Duobao? With the final judgment of the "matching scheme", Jiaduobao may not be able to say the "exclusive authentic formula" in the advertisement.

19 In July, the Guangdong Higher People's Court made a final judgment on the "matching scheme" between Wang Laoji and Jiaduobao, rejected Jiaduobao's appeal and upheld the original judgment. At the end of last year, the Guangzhou Intermediate People's Court ruled in the first instance that Jiaduobao immediately stopped the false propaganda and commercial defamation infringement involved in the case, and compensated Wang Laoji for economic losses and reasonable expenses of 5 million yuan. At the same time, it is necessary to publish a statement in Guangzhou Daily and official website homepage of Jiaduobao Group to apologize publicly.

In fact, the final result of this three-year "formula" dispute is that both formulas are authentic.

According to public information, since 2065438+June 2003, the court has pronounced sentences on eight cases of Wang Guangyao Laoji and Jiaduobao, involving trademark, decoration and advertising language. At present, Jiaduobao has to compensate nearly 200 million yuan. In just 20 13 a year, the advertising cost of Jiaduobao titled "The Voice of China" was as high as 200 million yuan.

Who is the ultimate winner of this endless litigation dispute is still unknown.

Question 6: Why did the dispute between Jiaduobao and Wang Laoji begin? In fact, the trademark of Wang Laoji is the main trademark contract signed by Jiaduobao Group from Wang Guangyao Laoji. Not Jiaduobao's own brand.

20 13 is about to expire, so recently, TV and other major media will see the advertisement of changing the name of red pot herbal tea to Jiaduobao.

Attachment: Relationship between GPHL and Jiaduobao

Signing the main trademark contract in 2000 (time limit 2010);

In June 2002, the first supplementary agreement was signed at 5438+065438+ 10 (the term was extended to 20 13). After Li Yimin, the former boss of GPHL, accepted HK$ 2 million from Chen Hongdao, Chairman of Hong Kong Hongding Group;

In June 2003, the second supplementary agreement was signed (the term was extended to 2020), and Li Yimin accepted Chen Hongdao's HK$ 6,543,800+,and Li Yimin was subsequently dismissed;

2010110/0, Guangzhou Pharmaceutical announced in Beijing that the brand value of Wang Laoji was over 100 billion, and then Jiaduobao issued a statement clarifying that it had no affiliation with Guangzhou Pharmaceutical, making the contradiction public;

2011April, Guangzhou Pharmaceutical submitted an arbitration application for "Wang Lao Ji trademark";

201165438+February "Wang Lao Ji trademark" case entered the arbitration procedure;

On may 12, 1 1 day, GPHL received the award of China international economic and trade arbitration commission dated may 9, 20 12, and GPHL won the case.

On may 20th125th/kloc-0, GPHL obtained the trademark of Wang Lao Ji [2].

Question 7: What is the cause and effect of the brand dispute between Jiaduobao and Wang Laoji? The background of the brand dispute between Jiaduobao and Wang Laoji

In fact, Wang Laoji's trademark is

Congguang

The old main trademark contract. It's not Jiaduobao's.

.

20 13 is about to expire, so you will see red cans in major media such as TV recently.

The advertisement of Jiaduobao's name change and so on.

Attachment: Relationship between GPHL and Jiaduobao

Signing the main trademark contract in 2000 (time limit 2010);

The first supplementary agreement was signed on June 5438+065438+ 10 (the term was extended to 20 13), and the former CEO.

Accept the chairman of Hong Kong Hongdao Group

2 million Hong Kong dollars;

The second supplementary agreement was signed in June 2003 (the term was extended to

),

receive

HK$ 654.38+00,000, followed by

Falling horse;

20 10 1 1 Guangzhou Pharmaceutical released Wang Laoji in Beijing.

Over 100 billion, then Jiaduobao issued a statement clarifying that it has nothing to do with Guangyao.

Make contradictions public;

2011April, Guangzhou Pharmaceutical submitted an arbitration application for "Wang Lao Ji trademark";

201165438+February "Wang Lao Ji trademark" case entered the arbitration procedure;

201may 1 1, received by GPHL.

The award dated 2065438+May 9, 2002 was won by GPHL.

On may 20th125th/kloc-0, GPHL obtained the trademark of Wang Lao Ji.

Subsequently, Jiaduobao Group registered the "Jiaduobao" brand and launched fierce publicity, advertising, public relations and marketing attacks in Jiaduobao.

Under the situation, reoccupy the main market of herbal tea.

Question 8: The trademark war of Jiaduobao Group is accompanied by the slogan "Drink Wang Laoji if you are afraid of getting angry", and "Wang Laoji" has become a well-known herbal tea brand. However, in 20 12, several enterprises related to "Wang Lao Ji" launched a trademark and brand confrontation, which made Wang Lao Ji quite "angry". On 20 1 1 April11day, Jiaduobao Group, which belongs to the red can "Wang Lao Ji", held a press conference, saying that it had been collecting evidence and reported the unfair competition behavior of GPHL to the Trademark Section and Law Enforcement Section of Chengdu Administration for Industry and Commerce on the grounds that "Wang Lao Ji's unique packaging and decoration rights were infringed". In fact, at the just-concluded 20 1 1 Chengdu Spring Sugar and Wine Party, two products of "Wang Lao Ji" brand appeared on the booth of Liang Guang Industry, including "Wang Lao Ji" solid porridge and lotus seed mung bean refreshing health porridge, all of which were in red packaging and yellow "Wang Lao Ji" shape. It is indicated on the package that the products are authorized by GPHL and distributed by Liang Guang Industry. Jiaduobao said that it was learned from the trademark registration inquiry of the Industrial and Commercial Bureau that the category of porridge products was not included in the trademark registration applied by GPHL, and the porridge products of "Wang Lao Ji" were registered by Wang Fusheng, a natural person. Guangyao was authorized without the ownership of the porridge trademark, which was suspected of breaking the law. Moreover, the two new "Wang Lao Ji" products of Liang Guang Industry are not herbal teas, but they are very similar in appearance to the red pot "Wang Lao Ji" herbal teas produced by Jiaduobao, which is suspected of infringement. On the other hand, GPHL said that the production and sale of herbal tea drinks authorized by Jiaduobao does not conflict with the non-herbal tea business authorized by Liang Guang Industry. In addition, the dispute between the two sides is still escalating and fermenting. Guangyao 20 12 announced on March 4 that it had signed an agreement with Guangzhou Baiyun Mountain Hutchison Whampoa Chinese Medicine Co., Ltd., and Huang handed over its Baiyun Mountain herbal tea series products to Wang Laoji Pharmaceutical as the general agent. After the cooperation between the two parties, Guangyao will include Baiyunshan herbal tea into the sales channel of "Wang Lao Ji" herbal tea. It is widely believed in the industry that Wang Laoji's "red-green dispute" will be upgraded to a "red-green-white" melee. Subsequently, Jianyi Wang, a direct descendant of "Wang Lao Ji", publicly expressed his support for Jiaduobao, which made another force in the trademark war of "Wang Lao Ji" surface. This statement makes the industry believe that the situation of Wang Laoji's "red-green dispute" has been reversed, and the future trend is even more confusing. According to the data, Jianyi Wang is the fifth great-granddaughter of Wang Zebang, the founder of Wang Lao Ji. From 65438 to 0993, she became the executive director of the family business Hong Kong Wang Lao Ji International Co., Ltd. and the overseas trademark holder of "Wang Lao Ji". On June 5438+065438+ 10, 2004, Tongxing Pharmaceutical announced its investment in Wanglaoji Pharmaceutical. The equity of GPHL in Wang Laoji decreased from 94.28% to 48.0456%, and it tied with Tongxing as the largest shareholder, and the remaining 3.907% was held by natural persons. In March, 20 1 1, he became the chairman of Tongxing Pharmaceutical, and in June, 20 12, he succeeded Shi as the chairman of Wanglaoji Pharmaceutical. According to sources, Jiaduobao hopes to use Jianyi Wang to pressure GPHL to transfer the trademark of "Wang Lao Ji" to Wang Lao Ji Pharmaceutical, a joint venture between Tongxing Pharmaceutical and GPHL, so as to keep its rights and interests of continuing to use "Wang Lao Ji". In fact, the "red-green dispute" between GPHL and Jiaduobao has been going on for a long time. 20 12, 1 1 month, GPHL held a press conference, saying that its "Wang Lao Ji" trademark was valued at10801500 million yuan, making it the first brand in China. Subsequently, Jiaduobao, the manufacturer of the red can "Wang Lao Ji", issued a clarification statement in official website, claiming that the red can Wang Can Laojiyou Hongdao (Group) was produced and sold in Jiaduobao, a mainland company in Hong Kong, and had no affiliation with Guangzhou Pharmaceutical Co., Ltd., and moved the story behind Wang Lao Ji in two kinds of packaging to the stage. According to the data, Wang Laoji was founded by Wang Zebang on 1830. After liberation, it was divided into two parts. The trademark of Wang Lao Ji in China is classified as a state-owned enterprise, while the trademarks of "Wang Lao Ji" in other countries and regions, including China and Hongkong, are still passed down by the descendants of Wang Zebang. 1February 1997 12, GPHL registered and applied for the trademark of "Wang Lao Ji". One day later, GPHL signed a trademark license contract with Hongdao Group. Hongdao has obtained the exclusive right to use "Wang Lao Ji" red cans for production and sales, and the contract is valid until 201year 65438+February 3 1 day. According to the Voice of Economics "Transaction Reality" report, the protracted Wang Laoji trademark dispute with the value of/kloc-0.08 billion yuan in the first case of Chinese trademark has finally come to a conclusion. On the evening of May 1 1 20 12, Guangzhou Pharmaceutical Co., Ltd. announced in Hong Kong that according to the ruling of China International Economic and Trade Arbitration Commission on May 9, 20 12,>

Question 9: Who is the winner of Wang Laoji's trademark dispute? First of all, Wang Laoji's trademark is the trademark right owned by Wang Laoji's descendants, because after liberation, the joint venture of companies has become a state-owned right.

Wang Lao Ji's trademark rights are owned by Wang Lao Ji's descendants in other places in the world except Chinese mainland, so Wang Lao Ji's trademark ownership has a concrete expression of the past history.

Wang Laoji trademark has become a national well-known trademark from a well-known brand in Guangdong, and it is the national brand value champion. Jiaduobao contributed a lot. The worst thing is Jiaduobao, a brand cultivated by one hand, which will eventually be recovered. Even the descendants of Wang Laoji said that Jiaduobao produced the products of Wang Laoji's ancestral secret recipe.

The winner of Wang Lao Ji's trademark right is undoubtedly the state-owned assets department of Guangdong Province. But today, Wang Laoji fell. As a national brand, it is really a pity for foresters! ! But in fact, the trademark right was won by GPHL, but the brand value was also lost by GPHL.

Wang Laoji embodies the sequela of public-private partnership. For example, Wuliangye's century-old wine cellar inheritor and so on. A reasonable solution is urgently needed.

Wang Laoshi, looking for notes of Tianjin businessmen.