Heng Yuan Xiang Trademark Serial Case: Ten Years Of Tiger Breeding Eventually Become A Disease

"Sheep, sheep, sheep," or become extinct, Heng Yuan Xiang, raising tiger for ten years, is now a big trouble.

The famous "sheep, sheep and sheep" advertisement of Heng Yuan Xiang may become a shock due to a lawsuit that has not yet been anticipated.

It is understood that in February 5th, Heng Yuan Xiang revoked the prosecution of defendant Xingye dragon from the Changshu court, while Xingye long made it clear that the claim for Heng Yuan Xiang would continue.

According to lawyer analysis, Heng Yuan Xiang will lose the "sheep" graphic trademark.

Heng Yuan Xiang!

Sheep, sheep and sheep! "

During the Spring Festival of 2008, Heng Yuan Xiang had been popular with the twelve Chinese Zodiac advertisements. Now the "sheep's head" trademark behind the line will be left behind. - November 2009, the "sheep's head" pattern registered trademark owner Changshu businessman Yu Wenqing prosecuted Heng Yuan Xiang trademark infringement in Beijing, claiming the amount as high as 10 million yuan.

Heng Yuan Xiang group was not to be outdone. After a month, he sued Yu Wenqing in Changshu people's court for copyright infringement of his "sheep's head" pattern, claiming 500 thousand yuan.

Claim for sky high price

In November 2009, Heng Yuan Xiang suddenly received a summons and a copy of the indictment in the second intermediate people's Court of Beijing. The plaintiff in the indictment was a Changshu businessman named Yu Wenqing.

He said in his indictment that he was the legal holder of the "sheep's head" pattern trademark. In August 2008, he found that the brand of the "sheep's head" pattern was printed on the clothes produced by Heng Yuan Xiang Group's T-shirts and shirts, and Heng Yuan Xiang didn't get his consent. Heng Yuan Xiang violated the trademark right to use. The amount of claim raised by Wen Qing was as high as 10 million yuan.

Heng Yuan Xiang received tens of millions of trademark infringement claims, which immediately attracted the attention of all parties.

Heng Yuan Xiang took action immediately, and one month later, at the people's court in Changshu, they filed a lawsuit against Wen Qing's copyright infringement.

Heng Yuan Xiang said in the indictment that the "sheep's head" logo was completed by Heng Yuan Xiang in 1997, and the copyright registration was carried out in November 2002.

Therefore, Wen Qing registered a trademark in the works of a malicious theft of Heng Yuan Xiang and infringed the copyright. Heng Yuan Xiang claimed 4000 yuan for Wen Qing and demanded an apology.

Before the court session, Heng Yuan Xiang changed his claim and raised the claim amount to 500 thousand yuan at a draught.

Two intellectual property litigation tit for tat, and the object of litigation is huge, the "sheep's head" pattern trademark has fallen to anyone.

It is worth noting that in the indictment, Heng Yuan Xiang said, "Xingye long company has established business relations with Heng Yuan Xiang group. However, due to repeated breach of contract, counterfeiting and selling, and continuous infringement, Xingyuan company has been repeatedly processed and compensated for economic losses by Heng Yuan Xiang group, and the two sides terminated their partnership on March 2006."

Abrupt cancellation

The tit for tat case suddenly came to light.

In February 5th this year, before the court sentenced the outcome to be published, Yu Wenqing received a notice from the court which surprised him very much.

Yu Wenqing's attorney, Liu Ming of Beijing Hechuan law firm, said that because the legal relationship in this case is very simple, Heng Yuan Xiang is unlikely to win a lawsuit, so the other side or abandoning the appeal by anticipate the result ahead of time.

"In addition, when Heng Yuan Xiang was informed of the prosecution, Yu Wenqing, a counterclaim, was a very hasty decision. In addition to this point, Heng Yuan Xiang's prosecution was not justified. They presented 16 evidence in court, of which 14 were not related.

So, in general, abandoning the prosecution will also be a predictive response to the sentencing results.

Liu Ming said.

Why will Heng Yuan Xiang give up appeal at this moment?

Chen Zhongwei, vice president and spokesman of Heng Yuan Xiang, has refused to specify the reason. He said the company is now preparing to hold a meeting to discuss the matter, and will make some explanation in two or three days.

Yu Wenqing said that although Heng Yuan Xiang unilaterally gave up the prosecution of Wen Qing, his lawsuit and claim against Heng Yuan Xiang will be carried out according to established procedures, and there will be no other changes.

"At present, it can not be said that Heng Yuan Xiang has lost the lawsuit, but because Heng Yuan Xiang did not request the Trademark Review and Adjudication Board to rule out the registered trademark within 5 years from the date of trademark registration, its best litigation time has passed, and the situation is quite unfavorable to Heng Yuan Xiang."

Liu Xiaoming, senior partner of Longan law firm, analyzed this.

Liu Xiaoming believes that in the light of the current situation, it is unlikely that Heng Yuan Xiang will win the lawsuit.

"Heng Yuan Xiang is already a company with a certain scale, so even losing a lawsuit has little impact on its sales volume.

This lawsuit affects its brand reputation. The value of brand reputation is difficult to express in the short term, but it will affect the company in the long run. The bigger the brand Wen Qing is, the greater the impact will be on Heng Yuan Xiang.

If this is the case, the "sheep" trademark, which has been established in the past, will undoubtedly become a time bomb on the brand development of Heng Yuan Xiang group.

In the ten year, the tiger was finally attacked.

"Heng Yuan Xiang is justifiable defense."

Chen Zhongwei said.

In January 2001, Wen Qing, Jiangsu Xingye dragon Clothing Co., Ltd. provided orders production services for Heng Yuan Xiang, and by 2005, many Heng Yuan Xiang counterfeit products appeared on the market.

After investigation by Heng Yuan Xiang, it was discovered that Yu Wenqing's company was producing and selling these products, and the business departments of Harbin, Shanghai and other places were involved in checking.

"Wen Qing sold and sold fake products in a particularly bad way. At the end of 2005, Heng Yuan Xiang lifted the contract with Xingye dragon clothing company of Changshou City, Jiangsu."

Chen Zhongwei's voice was indignant. "In this case, Heng Yuan Xiang has a dim sum and soft hands."

In the early years, the production of Heng Yuan Xiang's counterfeit trademarks in Wen Qing's factory should be held criminally responsible, considering that we have worked together for a long time and we have not investigated them. "

Chen Zhongwei emphasized, "there are two facts that must be explained: in 1997, Heng Yuan Xiang completed the" RAM "graphic trademark, popularized it in the Heng Yuan Xiang system, and carried out copyright registration in November 2002. Wen Qing and his factory, as partners of Heng Yuan Xiang, had stolen and grabbed" sheep "graphic trademarks.

But industry analysts believe that Heng Yuan Xiang is too despising the light assets of companies such as trademarks.

A well-known financial blogger said, "since Heng Yuan Xiang claimed to design and use the" sheep "logo in 1997, why did he not apply for registration?

When did Heng Yuan Xiang find that Wen Qing had registered a trademark for "sheep"?

Have we taken corresponding measures?

Why in the longer period of time, Heng Yuan Xiang did not raise any objection to the "graphic trademark of sheep"?

The blog said: "far away from manufacturing and alienation channels, Heng Yuan Xiang is an alternative company. Liu Ruiqi, the head of his company, has been trying to shape the brand competitiveness into the core competitiveness of Heng Yuan Xiang.

Liu Ruiqi is a "brand center theorist". He is used to measuring the future and measuring the future with the high degree of autonomy and sustainability of the brand.

Independent intellectual property rights are crucial to the "light assets" company, Heng Yuan Xiang, and it is a development strategy related to life and death.

What we have to ask is that under the precondition of steady improvement in brand operation ability and limited innovation capability, what kind of intellectual property strategy should Heng Yuan Xiang choose to have more competitive advantages?