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Erie, mengniu "war" on the court for the matter of packing

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Recently, because they think mengniu products, packaging, packaging with yili products extremely similar, easy to cause public confusion, the plaintiff Inner Mongolia yili industrial group co., LTD. Will the defendant Inner Mongolia mengniu dairy co., LTD., appealed to the court requires the defendant to stop using the product packaging decoration, product name, such as ACTS of unfair competition, to stop sales of infringing products, serve to eliminate effects, and compensate for the economic loss of 3 million yuan.At present, the haidian court accepted the case.


The plaintiff yili industrial group complained: in 2012, the plaintiff listed the specially designed for children drink "QQ star nutrition juice yoghurt drink", including the banana and strawberry flavors taste, unique product packaging decoration design, using the first domestic Disney cartoon image 3 d packaging.Packaging design features as follows: using 3 d cartoon image, wearing engraved with vertical stripes, on wide below narrow doctorial hat, round head, solid small ears, a short neck, a square body, tonal primarily use red, yellow, white and blue 4 kinds of color, blue should be used in the product name, doctorial hat according to different tastes, divided into single yellow, red.The plaintiff found that the defendant mengniu dairy group, listed on the stock market in April 2015, called the "future star nutrition juice yoghurt drink" products, the plaintiff in October 2015, hair MinZhuang store to buy the product in the supermarket, said vendors issuing invoices for another defendant Beijing jiahe trade co., LTD."Future star drinks" also includes the banana and strawberry flavors, also to the cartoon image, 3 d packaging.Packaging specifications are consistent with the plaintiff "QQ star drinks", all are small bottles of a set of 4, 4 set of a box.


Plaintiff think yili industrial group co., LTD, the plaintiff's products "QQ star nutrition juice yoghurt drink" since 2012, won the innovation award, issued by the SIAL in well-known television advertising named "where dad", greatly improve the product visibility, has a very high market share in the similar products, widely known as public goods.But, the defendant's product packaging and decoration in elements, design style, the product name the same as the plaintiff products or similar, as similar products, easy to produce the public product source of confusion and mistakes.The defendant's "future star drinks" are sold in several cities of the country's large supermarket, larger sales.The defendant as competitors, imitate the plaintiff product packaging, damage the legitimate rights and interests of the plaintiff, whose behavior constitutes unfair competition.Complaint, the defendant to stop involved China mengniu dairy product packaging decoration, product name and other ACTS of unfair competition;The defendant cheng jia immediately to stop selling and trading company involved in infringing products;The defendant mengniu dairy group to compensate the plaintiff economic loss of 3 million yuan, and published a statement, eliminate the influence.


Small make up believes that the enterprise will dairy packaging look so important because of the unique personality of packaging in the storage preservation of dairy products and brand image plays an important role in such aspects as propaganda, the enterprise in the pursuit of the outer packing of personality is distinct and at the same time should pay attention to the use of advanced manufacturing equipment to produce the green environmental protection packing products.

 
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