Wang Laoji and Jiaduobao events? Seek concreteness

On July 24th, the relevant person in charge of Jiaduobao told the China Economic Times reporter that the trademark incident between Jiaduobao and GPHL was not over, and the judgment of Beijing No.1 Intermediate People's Court only declared the two agreements arbitrated by the Arbitration Commission invalid. The trademark license agreement signed by Jiaduobao and GPHL is not within the scope of this ruling and is legal and valid before any judicial determination.

After more than a year's campaign, although GPHL claimed to have won the lawsuit and recovered Wang Laoji's trademark use right, Wang Laoji's trademark dispute did not end, and Jiaduobao submitted an arbitration application to China International Economic and Trade Arbitration Commission. In view of the battle between GPHL and Jiaduobao, many legal persons suggested to end with reconciliation. However, marketers believe that there is little possibility of reconciliation and cooperation between the two sides at present.

The legal profession suggested a settlement.

At the legal seminar on trademark disputes between Jiaduobao and GPHL on July, 2009 19, many people in the legal field thought that if GPHL and Jiaduobao could reconcile, it would be a good ending.

"I personally think that it is beneficial to both sides to settle more intellectual property cases. Otherwise, there will be a phenomenon of winning the lawsuit and losing the market, and winning the market and losing the lawsuit.

Xu Jiali, director of the Intellectual Property Research Center of China University of Political Science and Law, said that the best result of the trademark dispute of "Wang Lao Ji" of Guangyao Jiaduobao is reconciliation.

Qiu, director of Beijing Law Firm, also believes that it is not good for both parties to continue litigation, and reconciliation is the best way.

Xu Jiali said that from the fact, Jiaduobao's investment in and cultivation of Wang Laoji's trademark is very successful, and the brand value of Wang Laoji has reached 654.38+008 billion, which is very rare. Jiaduobao's contribution cannot be ignored. Therefore, both GPHL and Jiaduobao should cherish this hard-won brand. We don't want to see Wang Laoji disappear in the brand dispute like many brands. We protect trademarks to make them more valuable. We don't want the products to be forced out of the market because of a lawsuit, and even the dealers can't continue to operate. Jiaduobao and Guangyao certainly don't want to see this situation.

Li Xiujuan, dean of the School of Law and Politics of Geely University, said that in the price analysis of intellectual property rights, commodities cannot be separated from their own trademarks. Take the trademark of Wang Lao Ji as an example. If there is no commodity, the word "Wang Lao Ji" alone should not have the value of 654.38+008 billion. There are several stages in the formation of commodity value: first, the commodity is just an ordinary commodity logo in the initial stage and has no value; The second stage is the functional stage, which is recognized by consumers and has certain obvious advantages; Finally, the personality stage is accepted by consumers, which is the superior value different from other commodities. "The value of Wang Laoji was not recognized in the 1990s, including its products. After years of development, it has developed into a personalized commodity stage. In this process, the operation investment of Jiaduobao is a process from ordinary to individual, and its operation for many years has made it a big brand. Therefore, if Guangyao and Jiaduobao continue to fight, it should be a lose-lose.

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