The court of first instance held that Champagne, a collective trademark of geographical indication, constitutes a well-known trademark

2022-06-15 0 By

The Champagne Council was established in 1941, in accordance with French law, to manage the common interests of fruit growers and wine merchants in the Champagne region. It is an inter-trade organization between the private and the public, belonging to a semi-official organization.The Champagne Council brings together fruit-growers and chateaux in the Champagne region, focusing on vineyards and wines and working on economic, technical, promotional, environmental, quality improvement, industry organization, awareness and protection of appellations of origin worldwide.The Champagne Council claims that the collective trademarks of Champagne no. 11127266 and Champagne No. 11127267 (the two registered trademarks) are enjoyed by the Champagne Council as the subject of the promotion, promotion and protection of Champagne in respect of wine commodities in category 33.After long-term publicity and use, it has been widely known and well-known among the relevant public in China.The Champagne Committee considered that the perfumes produced by Guangzhou Sherry Cosmetics Co., LTD. (Guangzhou Sherry Co., LTD.) and sold by Beijing Yalesidi Cosmetics Co., LTD. (Beijing Yalesidi Co., LTD.) were marked with “Champagne Life” and “Champagne Life”, which constituted an imitation of the Champagne Committee’s well-known trademarks.This kind of use will lead to the notable weakening of the well-known trademark of champagne Committee, dilute the corresponding relation between the well-known trademark of Champagne Committee and wine commodities, and constitute trademark infringement.The Beijing Intellectual Property Court held that the two registered trademarks should be used and protected as geographical indications before the approval of registration, and the type of trademark after the approval of registration is collective trademark.When determining whether two registered trademarks constitute well-known trademarks, we should consider their special attributes as collective trademarks of geographical indications.On the one hand, from the perspective of the characteristics of collective trademarks, different from the nature and function of commodity trademarks or service trademarks used to distinguish the sources of goods or services, collective trademarks are used to indicate the membership of users.Therefore, the goodwill accumulated by the members of the Champagne Committee for the use of the two registered trademarks can be used to prove the popularity of the two registered trademarks.On the other hand, from the perspective of geographical indications, the two registered trademarks had been used as geographical indications for a long time before they were approved for registration, so they marked “Champagne” on wine products to indicate that the origin of wine was Champagne in France.Therefore, the protection of the two registered trademarks as geographical indications and the honor won can be extended to the popularity of the two registered trademarks.On this basis, considering the sales of Champagne, the continuous use and publicity of the two registered trademarks, as well as their market reputation and protection, it can be concluded that the two registered trademarks as collective trademarks of geographical indication constitute well-known trademarks on wine commodities at the time of infringement.Beijing Intellectual Property Court ordered Guangzhou Snow snow Company to stop production of the accused infringing products and compensate champagne Committee for economic losses and reasonable expenses of 210,000 yuan, ordered Beijing Yalisa Di company to stop selling the accused infringing products and pay champagne Committee reasonable expenses of 10,000 yuan.Reprinted by Yang Zhen, Beijing Zhihuan Law Firm (zhihuan.com