Monkey Aunt sued Lion s Mane Mushroom and claimed 500,000 yuan, what legal issues are involved i

The legal issue involved is Article 59 of the Trademark Law. Monkey mushroom or lion's mane mushroom, it is a common name, just like rice. This law clearly stipulates that if a registered trademark contains a place name and a generic name of a product, the owner of the exclusive right to use it has no right to prohibit others from using it properly.

The trademark law clearly stipulates that if the user uses the word on goods, then the trademark owner has no right to prohibit it. For example, rice is an important raw material for rice, and if the rice is written on the outer packaging of the rice, in fact, this is a reasonable reminder and reasonable use of raw materials on the goods, and will not constitute the exclusive right to use the trademark.

There are also relevant laws and regulations in the "Food Safety Law", which stipulate that the raw materials of the food must be clearly written in the production of food, and the ham sausage we purchased and the sesame cake we purchased are actually clearly marked on the raw materials. For example, ham sausage will be labeled with starch, pork, chicken, duck and so on. For example, starch, glutinous rice flour, sesame seeds, and peanuts will be displayed on the sesame cake, and these raw materials are not infringed by using the generic name or raw materials of the product as a mark.

This is a typical case of bad lawsuits, and the local food industry association calls this kind of thing bad lawsuits and extortion. This incident of claiming 500,000 yuan is actually very similar to the previous incidents of Xiaoyao Hu spicy soup, meat sandwich buns, and Sichuan green peppercorns.

The local industry association actively encourages local enterprises to actively respond to the lawsuit, because this behavior has seriously interfered with the normal production of local food business, so the local association will support and encourage enterprises to do a good job of safeguarding their legitimate rights and interests.

As we all know, lion's mane mushroom itself is an edible mushroom, and this edible mushroom itself has a universal name that everyone can remember, and this name cannot be forbidden for others to use.

This case involves a lot of legal issues, this is a copyright issue, and there are operational problems, as well as commercial problems, trademark infringement issues, and social impact issues, and should bear certain legal responsibilities.

Jiangxi Jiangzhong Catering ** Technology Company "Monkey Aunt" took "Monkey Mushroom" in Shaanxi Province to court. The reason was trademark infringement, and the "Monkey Mushroom Biscuits" produced by the company were similar to the company's "Monkey Aunt" trademark, and the above two stores were sued in court. The case involved trademark infringement by selling, manufacturing and applying products with trademarks similar to the plaintiff's trademark without the plaintiff's approval, causing customers to mistakenly believe that they were the plaintiff's goods in order to obtain improper benefits.

Introduction: Recently, there was an incident in which Monkey Gu sued Lion's Mane Mushroom, and this time Monkey Gu claimed 500,000 yuan for the Lion's Mane Mushroom trademark, which is an act of rights protection, because Monkey Gu and Lion's Mane Mushroom are originally two different species. Lion's mane mushroom is a plant, whereas monkey aunt belongs to an animal.

The lion's mane mushroom biscuits researched by Jiangxi Concentration Group are named Hougu biscuits, although they have been recognized by the commodity market, but the lion's mane mushroom biscuits or monkey biscuits have formed some connections with Jiangzhong Group, so it is an act of rights protection to sue Lion's Mane mushrooms to obtain a claim of 500,000 yuan. <>

First of all, we should know that monkey and lion's mane mushrooms are not the same species, and naming lion's mane mushroom biscuits is originally a commercial infringement. At the same time, a company in Jiangxi Province sued for trademark infringement of lion's mane mushroom biscuits, which was originally a kind of rights protection behavior, because we could not abuse the trademark and could not casually paste some business cards of others on ourselves, so the act of suing this time is also more able to reflect the protection of rights. <>

At the same time, we must know that everyone's awareness of rights protection is very strong, and it is obviously named after it when we know that the two species are not the same species, which is obviously a very straightforward infringement, in this way, it will not help the legitimate marketing in our market and the competitiveness between peers, but will create a very bad market environment, so this lawsuit is also an insistence on self-protection and their own rights and interests, and it is to create a reasonable atmosphere for the market. <>

Monkey Gu sued Lion's Mane mushroom, not only to protect their own rights and interests, but also to the trademark to ask for 500,000 compensation, this is a kind of rights protection, I hope that the relevant departments and related enterprises and industries can seriously adhere to the rights and legitimate rights and interests, do not infringe on the copyright and rights and interests of others at will, then only bring trouble to themselves. We must pay attention to rights protection, and when others infringe on our rights and interests, we must stand up bravely and fight back.

An enterprise in Luohe, Henan Province was sued for trademark infringement by Jiangxi Jiangzhong Food Therapy Technology Co., Ltd. (hereinafter referred to as Jiangzhong Food Therapy), which holds the trademark "Monkey Aunt", for the production of "Lion's Mane Mushroom" biscuits, and claimed 500,000 yuan. On July 13, the Luohe Food Industry Association issued an open letter saying that a number of member companies were sued, questioning that Jiangzhong Food Therapy's behavior in suing the aforementioned companies was similar to the "indiscriminate litigation" incidents such as Tongguan Meat Sandwich and Sichuan Green Pepper, which was a typical "indiscriminate litigation" extortion.

This is a kind of porcelain, because there is no particular similarity between the two, so this kind of can be claimed and belongs to porcelain.

This is actually the act of touching porcelain, which is not particularly good, and it is also problematic.

Many food manufacturers in Luohe City have been sued by this company, this lawsuit I can actually think of the previous company sued the meat and green pepper incident, for the meat and green pepper incident and not long in the past, because the Internet has memory, those meat and green pepper rotten trees are typical abuse of litigation, these behaviors are called extortion by some. From this point of view, only the judicial authorities can make an accurate judgment on the trademark infringement of monkey mushroom's lawsuit against lion's mane mushroom.

As long as we take the lion's mane mushroom to the market to ask some people, most of the people will say that this is the lion's mane mushroom, if the use of lion's mane mushroom is a kind of trademark infringement is obviously unjustifiable, if this is the case, then only lion's mane mushroom can be used to disappear in this text, everyone can not use it and can not say, but this lack of legal basis, and it does not conform to common sense.

Lion's mane mushroom is a generic name for food, and this generic name can be used reasonably regardless of whether it is a manufacturer or other individuals. After all, some businesses need to indicate what content is contained in the raw materials when they produce this food, for example, if it contains lion's mane mushroom, it must be indicated that lion's mane mushroom contains peanuts to write Watson.

The People's Court issued a relevant comment, and the People's Court Bao commented on the issue of trademark infringement of meat buns and green peppercorns: (Trademarks are not used to stake land, let alone a tool for extortion and profit, trademarks are to protect the trademark logos themselves that are solidified by registration. From this point of view, those manufacturers and merchants who use generic names such as lion's mane mushroom and red dates or lemon and dragon fruit are not suspected of infringement.

Touching porcelain. If it was infringement, it would have been sued a long time ago, and there was no need to wait until today, and the two trademarks were completely different and there was no infringement.

Monkey mushroom sued for trademark infringement of lion's mane mushroom and wanted, claiming 500,000 yuan, it can be found that copyright issues are very important, which is not only a kind of rights protection or a kind of responsibility for their own trademarks, only by safeguarding their own rights and interests, more people know how to maintain their own culture.

According to the relevant information, it can be found that the monkey mushroom recently sued the lion's mane mushroom for this matter, and wants to claim 500,000 yuan, and the yuan can find that this is an act of rights protection, although these two are different species, but they have similarities. Jiangxi Group researched lion's mane mushroom biscuits, so at that time its own biscuits were named lion's mane mushroom biscuits, although it has been recognized by the commodity market, but there are some internal connections with Jiangzhong Group, and there are some similarities in the name and other aspects can be found to be an act of rights protection, and it is more reasonable to claim 500,000 yuan, and it is necessary to have their own copyright awareness and maintain their own cultural actions.

Seeing this information, everyone should know that the monkey mushroom and the lion's mane mushroom are not the same species, just because the names are more similar, and this behavior is also known as an infringement in business. It also tells people that they can't use trademarks indiscriminately, and they can't stick other people's business cards into their products at will, and this prosecution can also show that the law can protect everyone's rights and interests, whether it is cultural or material or other aspects, their own rights and interests must be maintained through formal channels.

With the progress of society and the improvement of culture, everyone's awareness of rights protection has become stronger and stronger, and those who have damage to themselves must stand up in time to find that this is a very straightforward infringement, and sooner or later there are some rules for legal marketing in the market. It is not good for the overall market, a kind of existence, such a lawsuit is not only a maintenance of itself, but also an insistence on its own rights and interests, and can also create a better atmosphere for the market.

Of course, it is rights protection, and I think that since the court can make this kind of judgment, it is not a porcelain.