The “Northeast King Size Ice Cream” which was very popular this summer can be called a “black horse” among ice creams. But multiple similar brands to this ice cream appeared. It is known that two companies for “Northeast King Size Ice Cream” went to court due to dispute arising from trademark.
Hexinmei (Beijing) Brand Co., Ltd. owning the brand “Sapphire” Northeast King Size Ice Cream lodged an action against “Ruby” Northeast King Size Ice Cream for reputation right infringement. The reason is that “Ruby” alleged in some public occasions that the Northeast King Size Ice Cream of Hexinmei (sub-brand “Sapphire”) was “counterfeit”, “stealing famous brand”. This remark resulted in “Sapphire” suffering a reputation loss and an economic loss of RMB 96,259 yuan.
Hu Weinan, lawyer of Hexinmei’s “Sapphire” brand thought that “stealing famous brand” is an act of malicious registration with respect to national famous trademarks. Firstly, “Ruby” is not national famous brand. Even so, it was registered before “Sapphire”, which constituted no stealing of famous brand. And when being registered in State Trademark Bureau, “Sapphire” was smoothly accepted in State Trademark Bureau. This proves the legality of “Sapphire”.
Zhou Chunmao, Deputy GM of “Ruby” Northeast King Size Ice Cream, showed that when “Sapphire” began its sales in markets, “Ruby” had been produced and sold for more than 1 year. The act of “Sapphire” had caused a great economic loss to “Ruby”. “Ruby” has received complaints about the taste from a lot of consumers.
In face of the war declaration by “Sapphire” King Size Ice Cream, “Ruby” Northeast King Size Ice Cream showed no sign of weakness. Zhou Chunmao showed that “Ruby” had organized a lawyer group ready to go to Beijing for litigation and was prepared to lodge an action against “Sapphire” for trademark infringement and constituting improper competition.
The industry and external world are paying attention to the subsequent development of “Northeast King Size Ice Cream” trademark fighting.
（Admin：admin）
