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Lawyers form Tahota represented a famous Korean beverage scratch code sales unfair competition case to defend its rights successfully

2025-01-16 Views:75014

Recently, Tahota's Wang Shiying lawyer team and Liao Huaixue lawyer team have successfully represented a case on safeguarding rights of a famous honey product brand in South Korea. In this case, Tahota's lawyer teams in Sichuan and Shangdong worked closely together. With their persistent efforts, the court eventually held that the behavior of the scratch code sales constituted unfair competition and claimed the products in question to be pulled off, which safeguards the legitimate rights and interests of a right holder.


The right holder is a global famous nutrition and health product distribution enterprise in South Korea. Its famous product brands have been repeatedly infringed after entering China, so that the legitimate rights and interests of its exclusive licensed right holder in China have been seriously prejudiced. Investigation revealed that XX food grocery store in Shandong had sold unidentifiable Huanli Drink by scratching the traceability code of the product. The right holder argued that the behavior of XX food grocery store infringed its trademark rights and constituted unfair competition, and therefor filed a lawsuit with the court.

 

The case was heard by the court of second instance, which ultimately found that the behavior of XX food grocery store constituted unfair competition, and the court held that the products sold by them were the same and had a competitive relationship. The secret code set by the right holder is to facilitate the query of information such as commodity circulation and avoid the re-sale of the product, so the Defendant's behavior of covering up the traceability code and consumption period code of the product involved in the case objectively destroys the integrity of the product and subjectively hides the origin of the product to prevent manufacturers from tracking it, disrupting the market competition order, infringing on the legitimate rights and interests of consumers, and constituting unfair competition. 


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