Recently, Ben learned from the Beijing first intermediate people's court that the court of first instance ruled that Sanhe Fucheng Brewing Co., Ltd. should immediately stop manufacturing and Beijing chaoshifa Commercial Co., Ltd. should immediately stop selling infringing Beijing Centennial Erguotou Wine; Sanhe Fucheng Liquor Co., Ltd. and Beijing chaoshifa Commercial Co., Ltd. jointly and severally compensate Royal Kyoto Liquor Co., Ltd. for 200000 yuan. Beijing Royal Kyoto Liquor Co., Ltd., the patentee, sued Beijing Royal Kyoto Liquor Co., Ltd. for 200000 yuan for the use of the outer packaging of Jingfeng brand hundred year Erguotou liquor produced by Sanhe Fucheng Liquor Co., Ltd. which was specially designed for 2016 profit. Beijing chaoshifa Commercial Co., Ltd. was also sued for stopping the sale of this brand of Erguotou liquor. It is expected that the installation of supporting equipment will be carried out in early December.
the plaintiff Royal Kyoto company sued that the plaintiff obtained the patent right for the bottle shaped design of the temple of heaven with patent number ZL in 2002. The plaintiff produced and sold Baijiu packaged with the design, and used the packaging as a symbol for advertising, achieving good social impact and economic benefits. Since 2007, the plaintiff found that the infringement of the plaintiff's design patent in Beijing and other provinces and cities has become more and more serious, especially the defendant Fucheng company copied a large number of the plaintiff's design patent products. 12. Limit protection: it has two levels of program control and mechanical protection;, And filling Baijiu, which is sold in addition to the additional classification of smoke producing toxicity of materials in A2, B and C levels. It was sold in the supermarket of the defendant chaoshifa company, causing serious economic losses to the plaintiff. Therefore, the court is requested to order the two defendants: 1. Immediately stop the infringement and publicly admit their mistakes in the media to eliminate the impact; 2. Jointly and severally compensate the plaintiff for the economic loss of 200000 yuan and the notarization fee of 2500 yuan
after hearing, the court held that comparing the plaintiff's patent with the alleged infringing product, both of them were glass bottles modeled on the temple of heaven prayer hall, and their appearance shape, size proportion and detailed characteristics were basically the same. Based on the manufacturer's name, address and other information printed on the outer package of the alleged infringing product, it can be confirmed that the defendant Sanhe Fucheng company is the manufacturer of the alleged infringing product
Sanhe Fucheng company, as a manufacturer and chaoshifa company, as a seller, sold products similar to the plaintiff's design patent without the plaintiff's permission, which constituted infringement and should bear the civil responsibility of stopping infringement and compensating losses. Accordingly, the court made the above judgment