current position：Home>When she looked at the food bought back from the special store, she always felt that there was something wrong
When she looked at the food bought back from the special store, she always felt that there was something wrong
2021-08-29 03:09:26 【Beijing daily client】
Recently, many food stores with special sales promotion as the selling point have sprung up in Beijing , It is welcomed by many consumers . However , Ms. Li, a citizen, found that , In a special store in Daxing , Although things sell cheaper than elsewhere , But if you look closely, you will find , Many goods are actually names 、 Packaging has played a well-known brand edge ball “ Cottage food ”.
Ms. Li said , She bought a bag of durian flavored puffed food in this special store ,“ I thought it was ‘ Darling ’ A new flavor , When I got home, I found , Although the outer packaging is different from ‘ Darling ’ The color of the package 、 identification 、 Design and even cartoon characters are very similar , But there is one more word in the name , Turned into ‘ Bend the crispy fruit ’.” Ms. Li is worried that she has bought “ Fake goods ”, I went to the supermarket to buy a bag “ Darling ” Crispy fruit . She found that , The manufacturer of the two bags of food is the same company , The difference is ,“ Darling ” The package of crispy fruit says “ Registered trademark · Counterfeiting must be investigated ” The words... , The trademark is owned by Guai Co., Ltd , and “ Bend the crispy fruit ” But there was no .“ Is it true or false ？ So that consumers really can't tell .”
The reporter saw in this shop , There are more than one or two kinds of goods similar to the packaging of well-known brands . One sells for 9.9 yuan “ Pretty Mickey cookies ”, Its outer packaging and “ Crown Danish cookies ” The packaging is almost the same ; A name is “ Vitality biscuit ” The most conspicuous mark on the package , And “ Energetic Forest ” Bubbles are very similar to the logo on the water .
In the food market , This imitation of well-known brand names 、 packing “ Play a side ball ” It's a common phenomenon .“ a brand of instant noodles ” Turned into “ Kang Shuai fu ”;“ Sprite ” Turned into “ Lei Bi ”;“ The big white rabbit ” Turned into “ Dabaimian ”. Almost the same packaging 、 Similar Fonts ,“ Lack of horizontal and vertical ” Come and copy the goods of well-known brands , It's hard to tell .
On an online shopping platform ,“ sweet stewed snow pear ” The drink turned into “ Stewed pear with ice sugar ”, In addition to the addition of a word in the product name , The color of the bottle package 、 The element design is very similar to well-known brands ; Besides, the trademark in the upper right corner is different , Laotan pickled vegetable beef noodles and braised beef noodles with almost the same packaging design and color ; And imitation. “ tea π” Packaged “ fruit π”…… Some names differ from well-known brands by only one or two words , Some just change the radical of a word . If you just look at the packaging , It's really easy to put these “ Cottage food ” Mistaken for those well-known brands .
Analysis of lawyer Peng Yanjun of Beijing Changhong law firm , The store's behavior involves at least two situations: trademark infringement and unfair competition . According to the law , Without the permission of the trademark registrant , Use a trademark similar to its registered trademark on the same or similar goods , Easily confusing , Constitute trademark infringement .
For biscuit packaging, follow the situation of crown Danish cookies , It constitutes unfair competition . Lawyer Peng explained , According to the law , Unauthorized use of a name unique to a well-known commodity 、 packing 、 Decoration , Or use a name similar to a well-known commodity 、 packing 、 Decoration , Cause confusion with other people's well-known goods , Make the buyer mistakenly believe that it is the name of the well-known commodity , That is, unfair competition .
The question of whether to sell fake or not , Lawyer Peng thinks , It also depends on the specific situation , Even if the store constitutes trademark infringement and unfair competition , But it may not necessarily constitute selling fake , If the store can prove that the source of goods is legal , And there are formal invoices, etc , It does not constitute selling fake goods .
Lawyer Peng reminded , For sales “ Cottage food ” Merchant , Such as trademark infringement and unfair competition , May face administrative penalties such as fines , If the circumstances are serious, it may also constitute a criminal crime .
Lawyer Peng advised consumers , Because I can't be sure “ Cottage food ” Whether there are quality problems , Everyone should choose carefully for their own health , Don't buy... For the sake of small price “ Cottage food ”.
source Beijing daily client | The reporter Chu YINGSHUO
edit ： Wang Haiping
The process editor Tai Shaofeng
author[Beijing daily client],Please bring the original link to reprint, thank you.
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