Three kinds of "energy 99 Rods" packaging similar to the formal products are said to be very helpless

Source: Internet
Author: User
Keywords Very helpless
Tags .mall anti-unfair competition law consumer consumers counter different it is market
Figure I: In the seven-weft unified Ginza Supermarket, two kinds of packaging similar energy 99 rods placed on the same counter. This version of the photos by the reporter Zhang Yong photo two: Ginza Mall, Ma On Shan Road Shop on the commodity inquiry machine shows that each energy 99 from the regular channels. -Intern Shi Xiaodan Zhang Qiuqin newspaper reporter Dong Li "is exactly the same, has been confused twice!" "16th, consumer Yang called this newspaper, the first two days, she bought a pack of" energy 99 in the supermarket ", home to eat when found not the original often bought brand merchandise. Reporters visited several supermarkets found that Ms. Yang said the "Energy 99 Rods" has several brands, and belong to different manufacturers, but the picture on the packaging, color, fonts and so on are very similar.  If not carefully identified, consumers are likely to buy the wrong. The public reflected: the outer packing is very similar, two buys wrong 15th, the citizen young Lady has bought a pack of "Energy 99 Rods" for the child in a unified Ginza which passes through seven road and the latitude one way intersection. "It tastes good and adds energy, and now kids like to eat it." Ms. Yang says she used to buy this kind of food for her high-school kids at Ginza Army Day. Jean Yang did not think that the son got "energy 99 Rods" before eating and said: "Mom, you bought the wrong." "It's not the first time." Ms. Yang told reporters that 4 months ago, she passed a supermarket after work, saw the store has sold "energy 99 Rods", and bought a bag. But when his son ate it, he said, "The energy bar" has a sour taste and may be bad.  Ms. Yang tasted it, feeling that the purchase was really rough a lot, "Ha Li, as if there are impurities." Is it expired? Take the packaging carefully look, Yang found, although the purchase of the "Energy bar" packaging and the original buy almost identical, but also called "Energy 99 Rods", but not a manufacturer. This time buy "energy 99 Rods" is "Yutian" brand, manufacturer in Dongguan, Guangdong. The original purchase is "North Field" brand, from Taiwan. "I feared it was a cottage food, and I did not dare to eat it again. "On the afternoon of 15th, Ms. Yang passed through seven road and weft junction of the unified Ginza, found in its store" Energy 99 Rods "are engaged in promotional activities. Because at that time in a hurry, I probably turned around and saw the small white label on the outside package, because the general import products will be affixed, thought is ' North Field ' brand, did not look carefully to buy.  "Can return home, Ms. Yang found that this time to buy or" Yutian "brand" energy bar. "  Market research: "Looks like" also has a brand 16th morning, the reporter came to Miss Yang said by seven road Unified Ginza See, its promotional counters on more than 10 packs of "Energy 99 Rods", both in Dongguan, "Yutian" brand, but also from Taiwan's "North Field" brand. Reporter noted that two brands of the same taste products of the packaging color, pattern are consistent, the color and location of the font is no different. Propaganda is also the same as: "Natural cereals, nutritious and delicious, eat your energy for a long time." In addition, both trademark positions are printed on the top of the packageOn the left, trademarks are square within the set has irregular graphics, a marked "North field" words, a marked "Yutian", below are also printed with the same Japanese, such as not careful to see, it is difficult to distinguish.  Sales staff told reporters that two brands of energy bar price difference of 2 yuan, "North Field" brand sold 18.6 yuan, "Yutian" brand sold 16.6 yuan. Subsequently, the reporter in the Quancheng road Wal-Mart supermarket food area to see, "Energy 99 Rods" is placed on the top shelf, not very conspicuous, the retail price is 12.8 yuan.  Reporter careful observation only found that the energy bar for the "Mei Shang" brand, and the reporter saw the "North Field" and "Yutian" energy 99 rods have almost the same grain pattern outside the packaging, commodity names and similar font size and color. Reporters in the supermarket on the other side of the same shelf also saw the "North Field" energy 99 rods. "It turns out that these two-brand energy rods are placed in two tiers on one shelf."  The salesman told reporters that the same taste of "energy 99 Rods", "Mei Shang" brand than "North field" brand cheap 5 yuan. Agents: are called "legitimate", are said to be "very helpless" "twin" sales of goods, it is easy for consumers to buy the wrong.  Why do manufacturers "dress up" in a similar fashion? The reporter contacted "the North Field" Energy 99 rods the agent Xiamen Xin to create the trade limited company, its head Yewei told the reporter, "The North Field" Energy 99 rods is the origin for the Taiwan food, as its mainland market general agent, Xiamen Xin creates since 2005 the second half year to introduce the product to the inland market "' North Field ' into the mainland market is earlier than ' Yutian ', but they applied for trademarks around 2007, we have until the year before the application." Yewei Frankly, they have also communicated with the other party on this matter, and consulted the relevant departments and the legal profession, but there is no strong evidence to question the other party's legitimacy. "You are not the first to ask, at least dozens of dealers in the city have reflected the problem, but we have no way." "Yutian" Energy 99 rods of the mainland general agent Xiamen Dragon Import and Export Co., Ltd. in charge of Mr. Wang said, "Yutian" both registered trademarks, but also external packaging application for a patent. He also said, "In addition to ' Yutian ', ' North Field ', the market there are several brands and we are very similar." "For similar packaging to consumers to buy when the trouble, Mr. Wang said, different brands of products in terms of taste, taste and so on are still different." He said, "As long as we do not use our name, trademarks, and currently do not want to investigate the responsibility of others infringement."  "Consumer Council: As long as it is a formal product, there is no deliberate misleading because the packaging is almost the same, consumers accidentally bought the wrong goods, can we please say?" "If it is a supermarket guide to recommend the initiative, the next is a brand, giving is another brand, which is suspected of misleading consumers." Jinan Feng Jingke said that if the supermarket shelves on the normal sale of the two goods, is not fake and shoddy goods, just because of the higher the similarity of packaging, resulting in consumers mistakenly bought a product, supermarkets and manufacturers are not responsible. Shandong Fajer law firm Wang in an interview with reporters that according to the provisions of the 21st article of the Anti-unfair competition law of our country, "the operator uses the name, packing, decoration of the famous commodity without authorization, or uses the name, packing and decoration of the famous commodity, and causes the famous commodity of other people to be confused, If the purchaser is mistaken for the well-known commodity, the supervision and Inspection Department shall order the cessation of the illegal act and confiscate the illegal income, and may impose a fine of 1 time times more than 3 times times the illegal income according to the circumstances; If the circumstances are serious, the business license may be revoked. "But these seemingly very similar" energy 99 Rods ", whether it is suspected of violating the" anti-unfair competition law "is still difficult to define. It also depends on whether the trademark registration, outside packaging patent applications. Wang that if all the above formalities are complete, it is not an offence.  If consumers accidentally bought goods, you can negotiate with the supermarket solution. "RELATED LINKS" to buy Finn must buy back "fen cloth" recently, because of wisdom teeth gum inflammation, Nanjing Citizen Zhang in a nearby pharmacy bought a box of "fen will" stop pain.  can go home to eat for two days, pain did not ease, he opened the instructions to check, the results found that the purchase is not "fen will", but packaging and "fen will" very similar to "fen-cloth." After comparison found that two kinds of drug packaging are white to do the background, the pattern is red villain, at first glance, and the box is marked with "Ibuprofen slow-release capsule" Black characters, the effect is the same, even inside the capsule color is the same. The difference between the two boxes of drugs is the top left of the box, one is "fen will", one is "fen cloth", do not pay attention to the words can really make a mistake.  It is understood that "UPM" is the Tianjin Sino-American pharmaceutical company production, "fen-cloth is" Changchun overseas pharmaceutical companies produced. Nanjing, a head of food and Drug Administration, said the market resembles a lot of drugs, to "Kyoto Tzu train Honey Refining Chuanbei loquat paste" as an example, once appeared "Kyoto CI Tang honey Refining Chuanbei loquat paste", the two kinds of loquat paste from the packaging appearance to the trademark are very similar, do not see clearly is really wrong. such as "urgent branch syrup", "ping", "Golden Throat" and other brand-name products have encountered such a situation. (Young evening)
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