CCTV News:Recently, by the retrial judgment of the Supreme People’s Court (hereinafter referred to as the Supreme Law), Binhe Group’s production and sale of "Jiuliangye" and "Jiuliangchun" and other products were found to have infringed Wuliangye’s exclusive rights to trademarks of "Wuliangye" and "Wuliangchun", and Binhe Group had to compensate Wuliangye for economic losses of 9 million yuan.
Binhe Group was also sentenced to immediately stop producing and selling liquor products marked with the words "Jiuliangchun" and "Jiuliangye" or highlighted with the words "Jiuliangchun" and "Jiuliangye".
The trademark dispute between Wuliangye and Binhe Group originated many years ago. In 2010, the anti-counterfeiting office of Wuliangye Group found that there were many "N grain liquid" brand-name products on the market.
In March 2013, Beijing No.1 Intermediate People’s Court accepted the cases of Jiuliangye and Jiuliangchun. In January 2014, Beijing No.1 Intermediate People’s Court made a first-instance judgment, which concluded that the production and sale of "Jiuliangye" and "Jiuliangchun" wine products by Binhe Group did not infringe the trademark rights of "Wuliangye" and "Wuliangchun". Wuliangye Group applied to the Supreme Court for retrial. In November 2017, the case was heard by the Supreme Court. By the end of May this year, the Supreme Law made a retrial judgment that "Jiuliangye" and "Jiuliangchun" infringed.
After the trial of the Supreme Court, it was considered that Binhe Group highlighted the use of trademark words such as "Jiuliangye" and "Jiuliangchun" on the bottle body and outer packaging of products, especially the writing methods of words such as "liquid" and "spring" were similar to those of Wuliangye Company. This reflects that Binhe Group obviously borrows the subjective intention of others’ trademark goodwill. Therefore, the production and sale of the accused infringing goods by Binhe Group constitutes an infringement on the exclusive right to use the registered trademark of Wuliangye.