The plaintiff was accused of malicious enrichment of the "Honeysuckle" trademark
An industry association in Jiangxi says the trademark involved has been revoked
Since last year, there has been a lot of uproar in trademark rights protection cases.
Recently, dozens of "Honeysuckle Flower Dew Water" manufacturers in Jiangxi have also encountered disputes over the trademark of "Honeysuckle Flower".
In this regard, on January 25, Jiangxi Health and Disinfection Products Industry Association issued a statement that the No. 603857 honeysuckle trademark had been revoked as early as 1994, and the lawsuit unit Shanghai Bili Company was maliciously collecting money.
Intensive rights protection
The lawsuit involved is over nine times a trademark dispute
A reporter from Beijing Youth Daily learned that a few days ago, a number of companies were sued by Shanghai Bili Cosmetics Co., Ltd., the holder of the "Honeysuckle" trademark, for producing "Honeysuckle Flower Dew Water" and other products.
It is reported that the company's total prosecution amount is about 12 million yuan.
A reporter from Beiqing Daily inquired about the Qichacha App and noticed that Shanghai Bili Cosmetics Co., Ltd., which was established in 1995, suddenly filed a more intensive trademark rights protection lawsuit in 2019.
The company is currently involved in 114 judicial cases, nearly 94% of which are trademark infringement disputes.
According to some judgment documents, Shanghai Bili sued several companies for infringing the exclusive right to the "Honeysuckle" trademark No. 603857.
The Beiqing Daily reporter found that the company's "Honeysuckle" trademark No. 603857 was in the "invalidation procedure", and its other "Honeysuckle" trademark No. 39922281 was also in the "rejection review" and was not successfully registered.
A reporter from Beiqing Daily learned that the "Honeysuckle" trademark has long been revoked.
The grounds for revocation include that the trademark directly represents the main raw material of the commodity, and "has been improperly registered."
Industry Association
The trademark involved in the case has been revoked
In response to this, on January 25, Jiangxi Health and Disinfection Products Industry Association issued a statement.
The statement mentioned that some members of the association reported that they were sued by Shanghai Bili Cosmetics Co., Ltd. for infringing No. 603857 "Honeysuckle" in the production and sale of "Honeysuckle Toilet Water".
The association found through formal channels that the (1994) Shang Ping Zi No. 15 "Honeysuckle" trademark improperly registered trademark No. 603857 on January 27, 1994 violated Article 8 of the 1982 Trademark Law 6 Article 8, Article 27 and Article 27 shall be revoked; and the Trademark Office shall announce on March 28, 1995.
该协会所属企业在收到上海碧丽公司起诉传票后，由于并不知晓金银花商标被撤销，在碧丽公司的律师索赔压力下，签署了5万至15万不等的所谓商标谅解协议书，并支付了赔偿款；很多赔偿款支付到了碧丽公司股东、或者案外人私人银行卡号，或者支付到涉诉律师事务所账号。目前有据可查的赔偿款已经达到几百万元。
被告企业
反诉原告存在恶意诉讼
该协会在声明中提出，上海碧丽公司目前的所谓商标诉讼是拿着不具备权利基础的商标碰瓷式维权，是恶意敛财，这种行为已经引起了行业公愤。
北青报记者了解到，目前，多个被上海碧丽告上法庭的企业代理律师称，收到了法院发来的原告撤诉通知，这其中不乏已经开完庭的案子。但有律师表示，被告企业对于原告的撤诉并不接受，有的已经向法院寄出了不予撤诉申请书和反诉书，反诉原告存在恶意诉讼；有的此前已向最高人民法院申请再审，目前最高法已经受理。
文/本报记者 张鑫