[straight news network Beijing on July 12 news] (perfect) perfect (China) Co., Ltd. (hereinafter referred to as "the perfect company) since its inception in 1994, in the production and sale of health food, small kitchen appliances, cosmetics, cleaning supplies and personal care products enjoy very high reputation, which" perfect aloe vera gel is evergreen products of the company, enjoy a high reputation in the market.

However, the product's popularity has led to a large number of fake and shoddy products, serious damage to the company's goodwill, corporate image and consumer interests. In this regard, the perfect company on the counterfeiting of infringing products launched thousands of rights litigation, vigorously develop brand rights, and actively maintain the perfect brand image and the legitimate rights and interests of the vast number of consumers.

In the past two years, some companies make use of similar, perfect aloe vera gel packaging, decoration and other "near the famous brand" means unfair competition, harm the interests of consumers. For this new type of tort, perfect company from 2015 onwards Guangzhou Makeup Cosmetics Co., Ltd. (hereinafter referred to as the "Guangzhou mamonde") for the "Pong brand" behavior, to the Guangzhou Baiyun District Court put forward related litigation rights. After the Guangzhou Baiyun District People's court, Guangzhou intellectual property court of second instance trial, and the final decision to confirm the "perfect aloe vera gel is a famous product", "perfect aloe vera gel product name, packaging, decoration belongs to the product of the specific name, package and decoration, Guangzhou mamonde immediately stop the specific name of the" perfect aloe vera gel, package and decoration of the perfect company exclusive right to use a registered trademark and famous goods infringement and unfair competition, and compensation for the economic loss of perfect company of 20 million yuan.

Years, Guangzhou City Administration of industry and commerce law enforcement officers has two dealt with makeup in Guangzhou is located in Baiyun District of Guangzhou city are Wo Street factory, seized at the scene of a large number of marked with the words "perfect aloe vera gel products (hereinafter referred to as the" counterfeit products "), then to Guangzhou mamonde violations made a written decision on the administrative penalty, decided to confiscate and destroy counterfeit products, and the defendant sentenced to fines. Perfect company by comparing the counterfeit products, found that Guangzhou Mamonde products not only use the "perfect aloe plastic" product name, and packaging, decoration height approximation. Therefore, perfect company with its violated the commodity of the well-known companies, registered trademark rights, and constitutes unfair competition for litigation request Guangzhou mamonde sues to the court.

Baiyun District of Guangzhou City People's court and the Guangzhou intellectual property court are considered, the perfect company production and sales of aloe products sales time, sales of large area, sales of large, carried out extensive and sustained advocacy and activism in the country, for the relevant public knowledge, should belong to the "Anti Unfair Competition the provisions of the" law "of well-known commodities"; "perfect aloe vera gel product name, packaging and decoration have the original design and aesthetics, through the perfect company in the country for long-term use and promotion, has the role of different sources of goods, so that the perfect production and sales of the" perfect aloe vera gel product name the specific name, packaging, decoration, which belongs to the packaging of goods, decoration.

Guangzhou mamonde accused of infringing products in the positive use of the logo and perfect company No. 1332692 registered trademark logo (see below) are very close, finds its production and sales is accused of infringing products acts against the perfect company the right to exclusive use of a trademark. At the same time, production and sales of makeup of Guangzhou accused of infringing products name, packaging, decoration and perfect company production of "perfect aloe vera gel," the well-known commodity specific name, package and decoration are basically the same, only subtle difference is not enough to affect the relevant public recognition of the source, so identified the Guangzhou mamonde behavior belongs to counterfeit well-known commodity specific name, package and decoration of acts of unfair competition.

Well-known commodity belongs to the national key protected category of merchandise, the state legal recognition of a well-known commodity name, packaging, decoration and other characteristics should be subject to legal protection, products have been identified as well-known commodity, to around the Department of industry and commerce, public security, courts punish "Pong famous brand" of the wrongful act.

Perfect company through the procedure to determine the status of the "perfect aloe vera gel," a well-known commodity, not only to enhance the intangible value of the "perfect aloe vera gel, also opens the use of anti unfair competition law weapon to products name, packaging, decoration and protection ways, greatly improve the company's brand value and reduce the difficulty of rights in the future. For infringement of perfect company trademarks, patents and other intellectual property rights of making and selling fake goods and near the famous brand, the company adopted a zero tolerance attitude, for a variety of imitation, plagiarism perfect product characteristics of infringement, the company will use the various legal means to strike, to perfect the company's brand and rights and interests maintenance, to establish a strong backing.

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