Important events of Wong Lo Kat

In 2000, as the holder of the Wong Lo Kat trademark, GPHL signed a contract with Hongdao Group, the parent company of Jiaduobao, agreeing that its lease term for the "Wang Lao Kat" trademark would be until May 3, 2010. . Since then, the two parties signed two supplementary agreements to extend the trademark lease time. However, because Jiaduobao bribed Li Yimin, the former general manager of GPHL, with more than 3 million Hong Kong dollars, the contract was renewed for another 10 years. In December 2011, the two parties formally went to court, and more than 380 days later, the arbitration result was finally announced.

In the "Wanglaoji" trademark contract dispute worth 108 billion yuan, the Beijing No. 1 Intermediate People's Court issued a final judgment on July 13, 2012, rejecting the request of Hongdao Group, the parent company of Jiaduobao, to revoke Wonglaoji. Application for Arbitration Results. This means that the Wong Lo Kat trademark case that lasted for 445 days has officially ended with a complete victory for GPHL, which has taken back the production and operation rights of Hongdao (Group) Co., Ltd.'s red canned and red bottled Wong Lao Kat herbal tea. The Wong Lo Kat trademark lease has long expired, and it is legal and reasonable for GPHL to take it back. According to the ruling, the "Supplementary Agreement on the License for the "Wang Lao Kat" Trademark" and the "Supplementary Agreement on the Licensing Contract for the Use of the "Wang Lao Kat" Trademark signed by GPHL and Hongdao Group are invalid; Hongdao Group has stopped using the "Wanglao Kat" trademark; both parties have Pay the 50 arbitration fee. The award is final and effective from the date of issuance.

After Guangzhou Pharmaceutical won the lawsuit, Ni Yidong said that he would reserve the right to pursue Jiaduobao for losses starting from May 3, 2010. The amount of compensation requested is still under internal discussion and has not yet been determined. "It will be combined with the production and operation conditions and international practices of trademark infringement." Jiaduobao quietly "de-confirmed Wanglaoji".

It is worth noting that just when the "red and green Wanglaoji controversy" is in full swing, Jiaduobao has quietly started to decontaminate Wanglaoji. From the end of 2011, the red can of Wanglaoji herbal tea produced by Jiaduobao The product launched a new design of product packaging, which was considered by the outside world as the beginning of "de-Wanglaoji". For a period of time, the red can packaging had "Wanglaoji" on one side and "Jiaduobao" on the other.

On the other hand, while the “red-green battle” is not yet open to the public, GPHL has issued an emergency recruitment announcement on its official website. Guangzhou Wanglaoji Health Industry Co., Ltd.’s first phase of emergency recruitment said that its wholly-owned subsidiary Guangzhou Wanglaoji Health Industry Co., Ltd. urgently recruits 3,000 “fast-moving consumer goods talents.” This move was interpreted by the outside world as an early recruitment of talents for the “red can” Wonglao Kat. Nashe. The promulgation of an injunction in the lawsuit finally cleared the air of the "name change" controversy, and the truth became clear to the world.

On January 31, 2013, the Guangzhou Intermediate People's Court ruled to impose an injunction. Duobao Company has carried out false propaganda and misled consumers. The court held that in order to avoid the ongoing false propaganda behavior from causing irreparable damage to the legitimate rights and interests of the plaintiff in this case, it is necessary to prohibit Jiaduobao Company and its display in the business premises. Peng, the owner of the relevant billboard, carried out the above-mentioned false propaganda behavior, and the court issued an injunction in accordance with the law (Civil Ruling "(2012) Sui Zhong Fa Zhi Min Chu Zi No. 263"), requiring Jia Duobao and other respondents to stop immediately. The ban will take effect immediately upon the use of advertising slogans such as "Wanglaoji has been renamed Jiaduobao", the country's leading red canned herbal tea has been renamed Jiaduobao, or slogans with the same or similar meaning.

The next day, Wanglaoji Health held a press conference, stating that it would initiate legal procedures to fully investigate the legal liability of Jiaduobao for its false promotions across the country. At the same time, it would also reserve full investigation for those who resisted the execution of the ban, spread, The right to joint and several liability for units, dealers, and individuals who publish false propaganda.

On December 20, the Guangzhou Intermediate People’s Court issued a public verdict on the case of Wanglaoji’s “name change” and determined that the “name change” advertisement launched by Jiaduobao was false advertising and constituted unfair competition. At this point, the Wong Lao Kat "name change" case that lasted for nearly a year has reached a final result after the "injunction in litigation" case.

The court ruled that the defendant Jiaduobao immediately stopped using the slogan "The country's leading red can herbal tea is renamed Jiaduobao" and compensated the plaintiff GPHL for economic losses of RMB 10 million and paid GPHL's reasonable rights protection fees of RMB 810,000. Yuan made a public apology in mainstream media.

Jiaduobao responded by arguing that it admitted that it had indeed done the advertisement "The nationally-leading red can herbal tea was renamed Jiaduobao", but it disagreed with the plaintiff's evidence and believed that the advertisement did not contain any misleading elements. It also stated that the advertisement has also fulfilled all publication and broadcast approval and reporting procedures, strictly ensures that the form is legal and the content is true, and can withstand any fair and just judicial review. "Red Can" and "Red Can Herbal Tea" are unique names for Jiaduobao's well-known products. They are uniquely directional, namely Jiaduobao products, and are not misleading in any way. The plaintiff claimed that this kind of advertising led to social misunderstanding that Wong Lo Kat was going to die out, and the plaintiff should bear the burden of proof. As for the slogan "Wanglaoji changed its name to Jiaduobao", Jiaduobao Company has never done it.

Jiaduobao said that although the Guangzhou Intermediate Court made a first-instance judgment on the name-change advertising dispute between Jiaduobao and Guangzhou Pharmaceutical, this is not the final result. Wang Yuegui, deputy general manager of the brand department of Jiaduobao Group, told the media that the lawsuit will not have any impact on the market of Jiaduobao, and Jiaduobao still occupies the leading position of herbal tea. Regarding the outcome of the first-instance judgment, Jiaduobao issued a statement saying that it had immediately filed an appeal in accordance with the law.

Zeng Yun, the attorney for GPHL, said that GPHL reserves the right to appeal. He believes: "Although on the surface we have won the case, we made 6 demands in one go, and the court only supported two of them. We think this is not enough, and the compensation of 10 million yuan is far from enough." It is impossible to compensate for Guangzhou Pharmaceutical’s losses.”

In response to the long-standing dispute between Wanglaoji and Jiaduobao, the Guangdong Provincial Higher People’s Court decided in December 2015. The final judgment was made on March 2. Jiaduobao was found guilty of false publicity and Wanglaoji won the case. The verdict shows that Jiaduobao must also compensate the plaintiff Wanglaoji for economic losses and reasonable rights protection expenses of more than 10.81 million yuan, and make a public apology in Guangzhou Daily, People's Daily and other media. On December 15, 2015, Guangzhou Pharmaceutical Group and Guangzhou Wanglaoji Health Industry Co., Ltd. received the judgment from the Guangdong Provincial Higher People’s Court. Legal aspect:

Authorized experts have unanimously determined that the red can belongs to the well-known product Wanglaoji Herbal Tea

1) The "Law of the People's Republic of China and the State Against Unfair Competition" stipulates that well-known products have unique The right to decorate belongs to the legal operator of a well-known commodity and can be transferred with the commodity between different legal operators. The Intermediate People's Court of Foshan City, Guangdong Province (2003) Fo Zhong Fa Min San Chu Zi Civil Judgment No. 19 and the Guangdong Provincial Higher People's Court (2003) Yue Gao Fa Min San Zhong Zi Civil Judgment No. 212 both determined that "Wanglaoji Herbal Tea is a well-known commodity" , is an indisputable fact! Red canned Wanglaoji herbal tea is one of the Wanglaoji herbal teas. GPHL previously authorized Hongdao to produce and operate the red can of Wonglaoji. Now that the production and operation rights of the red can of Wonglaoji have been taken back, the unique decoration rights have also been transferred to GPHL along with the production and operation rights of Wonglaoji herbal tea.

2) According to the ruling of the China International Trade Arbitration Commission, Jiaduobao’s right to use the “Wanglaoji” trademark and the packaging and decoration bearing the “Wanglaoji” trademark will be terminated on May 2, 2010. Bao brand herbal tea has only been launched in May 2012. It is not a well-known product, and it is impossible to own the red can decoration rights of the well-known product Wanglaoji herbal tea.

3) As early as 1995, the Trademark License Contract signed between GPHL and Jiaduobao parent company Hongdao Group clearly stipulated that Hongdao Group be authorized to produce and operate red cans and red bottles. Wanglaoji herbal tea. If there is no ownership, how can there be authorization? The red can and red bottle of Wanglaoji herbal tea itself are part of the Wanglaoji herbal tea product series owned by GPHL. Hongdao bypassed Guangzhou Pharmaceutical and directly applied for a design patent, but the patent was invalid.

Jiaduobao’s continued use of red cans infringes on the unique decoration of Wanglaoji’s well-known herbal tea products, which is a serious act of unfair competition

It is reported that because the red can lawsuit has attracted widespread public attention, the relevant laws Industry experts have expressed their opinions.

Director Li Mingde of the Intellectual Property Center of the Chinese Academy of Social Sciences, Professor Zhang Yumin of the School of Intellectual Property of Southwest University of Political Science and Law, Director Zhang Chu of the Intellectual Property Research Center of China University of Political Science and Law, Professor Cui Guobin of Tsinghua University Law School, Professor Guan Yonghong of South China University of Technology, and Professor Huang Wushuang, doctoral supervisor of East China University of Political Science and Law. , Professor Zhou Linbin, doctoral supervisor of Sun Yat-sen University School of Law, vice president of the China Commercial Law Research Association, and president of the Guangdong Civil and Commercial Law Research Association, agreed that the unique red cans and red bottle packaging and decoration of the well-known product Wanglaoji herbal tea The rights belong to GPHL from the beginning to the end. Jiaduobao’s continued use of red can packaging infringes upon GPHL’s rights. Jiaduobao Company produces and sells Jiaduobao herbal tea that is packaged and decorated similarly to the well-known product Wanglaoji herbal tea, and deliberately manufactures it in the process. Behavior that confuses the market constitutes unfair competition.

Wong Lo Kat Health believes that the production and sale of red canned herbal tea by Jiaduobao has caused confusion among consumers, mistakenly thinking that Jiaduobao herbal tea is Wonglao Kat herbal tea, blatantly plundering the goodwill of Wonglao Kat, and seriously violating integrity. Credit Principle.

The precedent of Wanglaoji (operated by Jiaduobao) and the 24-flavor decoration rights in 2003

In 2003, Wonglaoji sued Huali Company for infringement of its decoration rights by its 24-flavor herbal tea . Is the canned "Wanglaoji" herbal tea drink a well-known product, and is the packaging and decoration used by the plaintiff Jiaduobao Company unique?

Well-known products should be products that have a certain reputation in the market and are known to the relevant public. When identifying a well-known product, it should not be a necessary condition that anyone knows about the product, but should be based on the fact that the product has a high reputation in the relevant market field.

"Wang Lao Kat" herbal tea has a long history and has enjoyed a high reputation in domestic and foreign markets for many years. It is almost a household name in Guangdong and Southeast Asia, and its products are sold all over the country. With its reliable product quality, it is favored by consumers. The "Wanglaoji" trademark was rated as a famous trademark of Guangdong Province in 1992 and 1998, and a famous trademark of Guangzhou City in 1993 and 1998. On April 10, 2002, it was awarded the title of "Famous Trademark of Guangdong Province" by the Sports Equipment and Equipment Center of the State Sports General Administration on April 10, 2002. Use the "Special Logo of the Chinese Sports Delegation", the title of "Partner of the Chinese Sports Delegation of the 14th Asian Games", and "The Exclusive Logo of the Chinese Sports Delegation of the 14th Asian Games" on publicity, advertising, branding and product packaging. Tea Beverage" title.

The defendant Huali Company has no objection to this. Therefore, "Wanglaoji" herbal tea is a product that has a certain popularity in the market and is known to the relevant public, and should be recognized as a well-known product. Then canned "Wanglaoji" herbal tea beverage, as one of the "Wanglaoji" herbal tea series products, is the same as "Wanglaoji" herbal tea beverage. The well-known product "Wanglaoji" herbal tea is inseparable. The determination of uniqueness mainly depends on whether the relevant goods are common and have significant distinguishing characteristics. The above two characteristics are interrelated and do not require any department to identify and grant them. In this case, the plaintiff Jiaduobao Company's decoration on its product "Wanglaoji" herbal tea drink has clear meaning and unique design in terms of text, color, pattern and arrangement. The background color, pattern and name of the decoration are integrated into one, which has a significant Distinctive features are not common to related goods but are unique to the goods. They should be recognized as unique packaging and decoration of well-known goods and should be protected by law. Unfair competition in the decoration of counterfeit canned "Wanglaoji" herbal tea beverages should be prohibited.

The "Trademark License Contract" is only for the "Wang Lao Kat" trademark, and is not a license contract involving decoration rights. GPHL falsely claimed that it "clearly authorized the production and operation of red cans and red bottles to Jiaduobao" by secretly changing the concept, which has no factual basis. According to the Trademark License Contract signed as early as 1995 between GPHL and Hongdao Group, the parent company of Jiaduobao, it only stipulates that Hongdao Group is authorized to use the "Wanglaoji" trademark. The contract also involves trademark rights. GPHL's clumsy sophistry, "If it doesn't have ownership, how can it authorize it?" fully exposed its lack of legal knowledge from top to bottom, and made the legal community feel cold. The red cans and bottles themselves are exterior decorations. According to the concept of whoever designs, who benefits, the owner of the rights can only be the designer and has nothing to do with GPHL.

GPHL claims that the packaging and decoration are part of its Wanglaoji herbal tea product series, which has no legal basis. Hongdao bypassed Guangzhou Pharmaceutical and directly applied for a design patent, but the patent was invalid.

Emotional level:

Wanglaoji herbal tea was founded in the eighth year of Daoguang reign of the Qing Dynasty (1828). In 1911, Guangzhou Wanglaoji Yuanhengji was registered with the government of the Republic of China with the gourd signboard as its name.

It can be seen that from Wanglaoji Yuanhengji to Wanglaoji United Pharmaceutical Factory, to Yangcheng Pharmaceutical and today's Wanglaoji Pharmaceutical, the development of Wanglaoji in Guangzhou can be said to be in the same vein and passed down from generation to generation. Generation after generation of Wanglaoji people have created generation after generation of herbal tea products with their unique herbal tea secret recipes.

The Wong Lao Kat red can herbal tea has good momentum in the first quarter

The red can herbal tea has been the most cherished asset of GPHL from the beginning. After taking back the production and operation rights of the red can Wong Lo Kat, GPHL established Wong Lao Kat Health Company has spared no effort to develop comprehensively from industry source to quality to channels. After initially establishing a fast-moving consumer goods team in 2012, Wong Lao Kat adopted a nationwide channel network plan to continue to deepen channel sinking. It is expected to build a marketing team of 15,000 people and once again deepen Wong Lo Kat's terminal sales network.

It is reported that after several months of development, Wanglao Kat’s channels have covered markets at all levels of cities, counties and towns across the country. "Let every Chinese drink the most authentic Wonglao Kat herbal tea" has become one of the components of Wonglao Kat's great health concept. Only companies with a conscience can be more recognized by consumers. Wong Lao Kat Health's business and development are in good shape. In the first quarter of 2013, sales hit a new high, and they are confident about the sales target of 10 billion yuan.

Although as its performance continues to rise, Wong Lo Kat’s leading position in the herbal tea market has become increasingly consolidated. But Wong Lao Kat has never forgotten that it is the support of millions of consumers that has made Wong Lao Kat what it is today.

Wong Lao Kat only speaks with facts. To provide consumers with quality that will remain unchanged for a hundred years, and to provide consumers with taste that will remain unchanged for a hundred years, to support consumers' unchanging trust in Wong Lo Kat over the past 185 years.

After 185 years, Wong Lao Kat has evolved from bowls of herbal tea to herbal tea bags, herbal tea granules, to boxed canned herbal tea. Wong Lao Kat’s carriers have been constantly updated, but Wong Lao Kat’s affection for consumers remains unchanged. Wong Lo Kat is willing to continue to speak with facts, operate with integrity, and not deceive sympathy with sad marketing with the support of consumers. For Wong Lao Kat, a can of real good-quality herbal tea is the most convincing marketing. .

However, it is not uncommon for Wonglaoji to be inexplicably "priced down," "capital chain cut off," and "acquired." This is some companies deliberately carrying out "colored marketing", and Wong Lao Kat reserves the right to pursue legal responsibility.

The whole story of the herbal tea case:

Jiaduobao’s lawsuit against Wanglaoji for unfair competition was rejected by the Chongqing No. 1 Intermediate People’s Court

The Chongqing No. 1 Intermediate People’s Court dismissed the plaintiff Guangdong Jiaduo Bao Beverage and Food Co., Ltd. (hereinafter referred to as Jiaduobao Company) sued the defendants He and Guangzhou Wanglaoji Health Industry Co., Ltd. (hereinafter referred to as Wonglaoji Company) for unfair competition disputes. A public verdict was announced: all claims of Jiaduobao Company were rejected. Its continued use of the advertising slogan "Drink Wong Lo Kat if you are afraid of getting angry" does not constitute unfair competition.

Jiaduobao Company claimed that the slogan "Drink Wanglaoji for fear of getting angry" is a prominent commercial mark of the well-known red canned herbal tea sold by the plaintiff. Wonglaoji Company directly copied the slogan and misappropriated the plaintiff's goodwill. , causing the majority of consumers to mistakenly believe that "this" red can "Wanglao Kat" produced by Wong Lao Kat Company is the "that" red can "Wang Lao Kat" produced and operated by the plaintiff in the past. Wong Lao Kat's behavior violated the principle of good faith and constituted unfair competition, causing huge economic losses and loss of goodwill to the plaintiff. The plaintiff requested an order to order the two defendants to cease unfair competition and order Wanglaoji Company to bear civil liability to eliminate the impact and compensate the plaintiff for economic losses of 10 million yuan. At the same time, He, a restaurant merchant in Chongqing, also became a defendant due to related behaviors involved in the case.

Wanglaoji Company argued that the rights and interests in the advertising slogan "Drink Wonglaoji for fear of getting angry" belong to Wonglaoji Company, the legal operator of the well-known product "Wanglaoji Herbal Tea", and the plaintiff is the operator of "Jiaduobao Herbal Tea". The plaintiff does not enjoy the relevant rights and interests of the advertising slogan, and the plaintiff’s claim for a loss of 10 million yuan has no factual and legal basis.

The court found after trial that Jiaduobao Company had obtained the right to use the "Wanglaoji" trademark in October 1998 with the permission of the trademark owner, and used it for the red canned herbal tea products it produced. In order to promote its products, the plaintiff designed the slogan "Drink Wanglaoji for fear of getting angry", and invested heavily with its affiliated companies to produce advertisements containing this slogan, which were promoted nationwide in a continuous, frequent and various manner. This slogan has a very high visibility. On December 13, 2004, the Guangdong Provincial Higher People's Court determined that the herbal tea products produced by the plaintiff using the aforementioned outer packaging and the "Wanglaoji" trademark were well-known products. From 2007 to 2011, the red canned herbal tea products produced by Jiaduobao Company and its affiliated companies using the "Wanglaoji" trademark ranked first in the canned beverage market for five consecutive years. On May 9, 2012, the plaintiff stopped using the "Wanglaoji" trademark and switched to the "Jiaduobao" trademark from that date. Later, Wong Lao Kat Company obtained the right to use the "Wong Lao Kat" trademark with the permission of the trademark owner, and launched its red canned herbal tea products using the "Wang Lao Kat" trademark on the market on June 3, 2012. The sales of this product in 2012 The amount is more than 1.7 billion yuan. In order to promote its products, Wanglaoji Company produced an advertisement with the slogan "Drink Wonglaoji if you are afraid of getting angry" and published it on its official Weibo and in the restaurant run by the defendant He.

Finally, regarding the consequences of Wanglaoji Company’s use of the advertising slogan involved in the case. By continuing to use this advertising slogan, Wong Lao Kat Company is still continuing to promote the "Wang Lao Kat" brand. It will not and cannot be confused with other brand products, will not damage the legitimate interests of other operators including the plaintiff, and will not create anti-competitive behavior. Effect.

To sum up, the Chongqing No. 1 Middle Court ruled to reject all Jiaduobao Company’s claims. The court found that Wong Lo Kat Company, as the legal user of the "Wong Lao Kat" trademark, had legitimate interests in the advertising slogan "If you are afraid of getting angry, drink Wong Lao Kat", and it continued to use the advertising slogan "If you are afraid of getting angry, drink Wong Lao Kat" in terms of behavioral motives and results. It is not unfair and does not constitute unfair competition. Defendant He agreed that Wanglaoji Company's behavior of publishing the slogans involved in the case in the hotels it operates does not constitute unfair competition.

All workers were detained by the public security organs.

At around 4:30 pm on May 11, 2013, three business personnel from the Guangzhou Baiyun Office were illegally attacked by more than 20 personnel from Jiaduobao Company while carrying out normal business activities in Xinshi, Baiyun District. Beating, the other party used knives, bricks and other weapons to commit violence. As a result, all three Wong Lao Kat business staff were injured and hospitalized. One of them had a 13cm-long wound on his arm with a knife and received 14 stitches. He was in a coma for more than ten hours after the operation. According to forensic identification, this incident caused certain personal injuries and great mental damage to three Wong Lo Kat business personnel.

Behind the violence

Entrusted by GPHL, an investigation company began to investigate and report Wong Lo Kat trademark infringement.

After receiving a real-name report from a company called "Northern Wolf", the industrial and commercial department came to Xiamen Jiyuan Enterprise Co., Ltd. located in Matang Village, Xinwei Town, Xiang'an District, Xiamen City. 3,675,740 empty Jiaduobao herbal tea cans that infringed the "Wanglaoji" trademark were found on site.

“This factory is very large and is a regular OEM manufacturer of Jiaduobao. Although the investigation was very strict, our investigators finally entered the factory after some setbacks.” Liu Dianlin, head of Northern Wolf and a professional anti-counterfeiter, told this reporter, “Investigators found that although the latest products produced did not infringe, there were still a large number of empty cans with the word Wong Lao Kat printed on them in the warehouse of the factory, which was suspected of infringing Wong Lao Kat. Trademark exclusive rights."

"After finding the evidence, we quickly reported the situation to the client, Guangzhou Pharmaceutical, and with their approval, we reported it to the industrial and commercial department." Liu Dianlin said.

How did Northern Wolf's investigators enter the factory? Liu Dianlin said: "The company's investigators have their own various methods of evidence collection. Compared with our previous undercovers who went to the company's underground dark dens and conducted latent activities for a long time "It's easy to secretly enter a factory."

However, Liu Dianlin did not disclose the specific details of entering the factory because it was too complicated to tell.

This incident is not an accident. In fact, similar incidents occur frequently.

According to Liu Dianlin, GPHL entrusted the company to complain and report on infringing products on the market. It has already reported about 36 sales points infringing the Wong Lo Kat trademark, covering Fujian, Zhejiang, Jiangsu, Beijing, etc. land.

In May 2012, according to the arbitration award of the China International Economic and Trade Arbitration Commission, GPHL took back the production and operation rights of red canned and red bottled Wanglaoji herbal tea from Hongdao Group (the parent company of Jiaduobao).

Liu Dianlin said that Northern Wolf relied on this ruling to investigate, collect evidence and make complaints. "These cases have all obtained the "Decision on Implementing Administrative Enforcement Measures" issued by the local industrial and commercial law enforcement department." Liu Dianlin said.

Guangzhou Pharmaceutical asked to investigate the company's "crack down on counterfeiting"

In addition to reporting Jiaduobao's suspected infringing products to the industry and commerce, Northern Wolf also reported Jiaduobao's advertising terms as suspected fraud.

"I have been engaged in professional anti-counterfeiting since 1996. In this work, undercover evidence collection is normal. Investigators have their own various methods of evidence collection, such as various role changes," Liu Dianlin said.

In fact, the Northern Wolf and Jiaduobao have a long history. In 2005, Liu Dianlin sued Jiaduobao Company on the grounds of fraud due to the illegal addition of "Prunella vulgaris" to "Wanglaoji Herbal Tea".

Liu Dianlin said that the company was not specially hired by Guangzhou Pharmaceutical to “find” Jiaduobao’s infringing products. According to him, Northern Wolf has been cooperating with Guangzhou Pharmaceutical for more than ten years. Previously, it was mainly for GPHL to investigate the production of counterfeit drugs of its brand and to protect GPHL's intellectual property rights. An important new cooperation has been added: the investigation of Jiaduobao herbal tea that infringes the exclusive rights of the "Wanglaoji" trademark.

In addition to representing Guangzhou Pharmaceutical in reporting Jiaduobao’s suspected infringing products, Liu Dianlin also reported the promotional terms of Jiaduobao herbal tea in his real name in the name of Northern Wolf.

Every herbal tea can produced by Jiaduobao is printed with "Jiaduobao herbal tea is approved as a national intangible cultural heritage masterpiece."

"In accordance with the "Chinese People's Government" According to the National Intangible Heritage Law, the list of national intangible cultural heritage masterpieces is only approved and published by the State Council, and no local units or social groups have the right to name, approve or authorize. "Liu Dianlin believes that this is suspected of fraud.

In the case of Wanglaoji v. Jiaduobao, Jiaduobao was ordered to pay compensation of 3 million yuan

On December 3, 2014, the Beijing Third Party Committee on Wonglaoji v. Jiaduobao False Publicity Dispute Case The Intermediate People's Court announced the verdict publicly. The court ruled that Jiaduobao should stop using advertisements containing phrases such as "Jiaduobao Herbal Tea has won the title of 'China's No. 1 Beverage' for 7 consecutive years", publish a statement in the designated media for seven consecutive days to eliminate the impact, and compensate Wong Lo Kat 3 million. Yuan. ”

In June 2014, Beijing No. 3 Intermediate People’s Court accepted the case. Plaintiffs GPHL and Wanglaoji Health Company *** also filed a lawsuit claiming that defendants Jiaduobao (China) Company and Guangdong Jiaduo Bao Company publishes and disseminates "Jiaduobao Herbal Tea has won the title of 'China's No. 1 Beverage' for 7 consecutive years" and "Jiaduobao Herbal Tea" through store notices, TV media, indoor and outdoor media, newspapers and magazines, the Internet and product packaging. "Herbal tea won the 'seven consecutive championships' in China's canned beverage market" and similar advertising content, which infringed upon the product reputation of Wanglaoji herbal tea, constituted false publicity, and affected the plaintiff. For this reason, the court is requesting the court to order Jiaduobao Company to compensate for economic losses of 2000 10,000 yuan and reasonable rights protection fees of 1 million yuan.

For the lawsuit, the defendant Jiaduobao argued that the advertisements involved did not cause direct damage to the two plaintiffs, and Jiaduobao used Wang’s descendants for many years. The authorized herbal tea recipe and the production of red canned herbal tea products enjoy legal rights and do not agree with the plaintiff's lawsuit.

After the trial, the court held that the "Statistical Survey Information Certificate" issued by relevant agencies from 2007 to 2011 showed that the Wonglaoji brand produced by Jiaduobao Group ranked first in the national canned beverage market. Herbal tea, the advertising slogan involved in the case artificially selected and arranged the content of the "Statistical Survey Information Certificate" and expressed it as "Jiaduobao Herbal Tea has won the first can of China's beverages for seven consecutive years", etc. If the "Jiaduobao Herbal Tea" here is understood to mean Jiaduobao Bao brand herbal tea is inconsistent with the history of the brand, because Jiaduobao Group used the Wanglaoji trademark before 2012, and Jiaduobao brand was only put into use independently in 2012, and it was not seven years old. Therefore, the case involved The way the slogan is expressed is untrue.

The court held that the advertising slogan involved in the case could cause consumers to misunderstand that the Jiaduobao brand had existed for seven years, thus allowing the defendant to gain an improper competitive advantage. The advertising slogan involved in the case consciously ignored the Wong Lo Kat trademark. Its real intention was to transfer the goodwill condensed in the Wong Lao Kat trademark to the Jiaduobao trademark. This behavior improperly utilized the goodwill originally belonging to the Wong Lao Kat trademark and infringed upon it. legitimate interests of the two plaintiffs. The court made the above judgment accordingly.

Jiaduobao appealed, and the Beijing Higher People’s Court accepted the appeal. On July 23, 2015, the Beijing High Court’s final judgment upheld the original verdict. In December 2014, the court ruled that the defendant Guangdong Jiaduobao shall immediately stop using packaging and decoration that is the same as or similar to the unique packaging and decoration of the well-known trademark Wong Lo Kat Red Can Herbal Tea involved in the case from the date of the judgment taking effect; and immediately stop the production and sale of the well-known products involved in the case. Products with the same or similar packaging and decoration as the unique packaging and decoration of Wong Lao Kat Red Can Herbal Tea; Immediately destroy the inventory of infringing products with the same or similar packaging and decoration as the well-known product involved in the case, Wong Lo Kat Red Can Herbal Tea; immediately stop using and remove or destroy all Advertisements containing alleged infringing products (including but not limited to television advertisements, video advertisements and print media advertisements) as well as various introductions and promotional materials.

The court ruled that Guangdong Jiaduobao should compensate the plaintiff GPHL for economic losses of 150 million yuan and reasonable rights protection expenses of 265,210 yuan within seven days from the date of the judgment taking effect.

In November 2015, the Supreme People's Court rejected Jiaduobao's counterclaim regarding trademark infringement and issued a ruling that the counterclaims filed by six Jiaduobao companies were inconsistent with the Civil Procedure Law and its judicial interpretations regarding counterclaims. The conditions for acceptance were clearly stipulated. The court of first instance had factual and legal basis for not accepting the counterclaim. It made a final ruling rejecting Jiaduobao’s appeal and upholding the original judgment. This is the twelfth time Jiaduobao has lost a series of disputes with Wanglaoji. Wong Lo Kat is expected to receive a compensation of 2.9 billion.