February 10 is the day of the Chinese New Year.
After the media across the country spared no effort to publicize, Dongyu Group sued a number of instant noodle companies, and the trouble was boiling.
Some people support Dongwoo Group, and some people say bad things about Dongwoo Group.
In short, there are people who say anything.
And today, this lawsuit that has attracted national attention will finally be accepted by the Donghai Supreme People's Court.
The lawsuit also attracted the attention of people from all walks of life across the country, and a large number of media reported on the scene.
Many bigwigs from other industries have also come to audit, and they have more or less had similar experiences.
At present, many laws in China are not perfect, and there are still many loopholes.
Therefore, many people turn a blind eye to such things and choose to consider themselves unlucky.
But Dongyu Group is different, they actually choose to be tough to the end.
"I've heard that the bosses of several companies have decided to settle privately, but Mr. Bai of Dongyu Group just doesn't agree, and he has to fight in court.
"It's not, but Dongyu Group is really good, and it's rare for one company to sue so many companies at the same time." At
this moment, a group of lawyers in suits walked in, led by a middle-aged lawyer with a fat head, big ears and square-rimmed glasses, who looked like a gentleman.
"This person's name is Ye Ming, he came back from studying abroad, he is a very famous lawyer in Kyoto, it is said that he has fought no less than a thousand cases, large and small, and rarely missed, it seems that this time Dongyu Group is difficult to handle.
While several people were discussing, the lawyer representing the Dongwoo Group also arrived.
Shen Yuexin is wearing a small black suit today, with a suit and hip skirt on her lower body, a pair of black stockings wrapped around her slender long legs, and a pair of black high-heeled leather shoes on her feet.
She took the lead in the front, without a smile on her face, and looked very capable.
"Yo, I thought it was who, it turned out to be Barrister Shen, I heard that you left Kyoto to develop somewhere else, but I didn't expect to come to the East China Sea. Ye Ming saw that the other party's lawyer was Shen Yuexin, so he teased in a weird way.
Shen Yuexin looked up at Ye Ming, showed a hint of a smile and said, "I didn't expect that the defense lawyer invited by the other party would be you, Ye Ming still remembers what it was like to lose the lawsuit last time?"
Hearing this, the smile on Ye Ming's face was fleeting, how could he forget.
The last defeat was due to the woman in front of him, and he will never forget that day for the rest of his life.
So after he learned that the defense lawyer of Dongyu Group was Shen Yuexin, he did not hesitate to agree to the entrustment of several companies.
Besides, he didn't think they would lose this lawsuit.
"Yuexin, are you sure?" asked Bai Yu.
Shen Yuexin took a deep breath, nodded affirmatively and said, "Don't worry, no problem!"
After a while, the judge arrived and everyone stood up.
"Now for the trial. With
the judge's hammer dropping, the trial officially began.
Shen Yuexin stood up and said unhurriedly.
"The instant noodles produced by the defendants, both in terms of texture and taste, from the recipe to the packaging, are almost the same as the instant noodles of the Master Kong series produced by our Dongyu Food.
"Therefore, our plaintiff, Dongyu Food, sued the defendant for plagiarizing our formula and infringing our intellectual property rights.
After speaking, Shen Yuexin took out a bunch of materials, which contained a test report issued by a third-party appraisal agency.
The report pointed out that the formula ingredients of instant noodles of several companies are completely identical.
Subsequently, Shen Yuexin pointed out again that the names and packaging of several companies are almost exactly the same as Master Kong of Dongyu Group.
"Therefore, we demanded that the defendant compensate us a total of 50 million yuan, and immediately demanded that they withdraw their products from the cabinet and never sell them, and publicly apologize through the media. Hearing
this, Ye Ming snorted coldly.
50 million
! Apologize publicly
! Remove all goods from the shelves and never sell them!
Such harsh conditions are up to her.
"Your Excellency, I have finished my statement. Shen Yuexin didn't look at the dock from beginning to end.
At this time, the judge looked at the defendant's dock and asked the defendant's lawyer, "Does the defendant have anything to say?"
Ye Ming slowly got up and said: "I object to what the plaintiff said, first of all, instant noodles were not invented by Dongyu Food, and there are enterprises that produce instant noodles in many foreign countries, and they were founded earlier than Dongyu Food.
"How did the plaintiff know that the formula produced by us came from Dongyu Food, not from abroad?"
"And in the food industry, the taste is the same, which is inevitable."
Shen Yuexin picked up the information in his hand and asked, "Then what does this
test report say?" Ye Ming smiled and said: "Let's not talk about whether your test report is true or not, let me just say that our formula is adjusted according to the taste of our people on the basis of foreign formulas."
"What do you say about similar packaging and similar names?" Shen Yuexin continued.
Hearing this, Ye Ming took out the information and said: "First of all, your registered trademark is Master Kong, not braised beef noodles, so the name braised beef noodles is not infringing." "
Second, regarding packaging, who stipulates that you are only allowed to package like this?"
Shen Yuexin once again saw Ye Ming's strong words.
But what he said was true.
It's like seeing an identical dish in two different restaurants, and then suing one of them for infringement, right?
But Shen Yuexin said calmly: "Lawyer Ye may have overlooked one point, this is China, not abroad."
"In China, Master Kong's braised beef noodles have been deeply rooted in the hearts of the people, as long as everyone talks about instant noodles, the first thing that comes to mind is Master Kong.
"The first time you see the red packaging of instant noodles, the first thing that comes to mind is Master Kong.
"Therefore, your inducement of consumption is an infringement of our plaintiff's intellectual property rights.
"Because this is China.
Shen then asked for several witnesses to be called.
The statements of several witnesses have verified one thing, that is, when they buy instant noodles, they will mistake it for Master Kong's braised beef noodles when they see the red packaging, and they will think it is spicy beef noodles when they see the orange packaging.
After hearing the testimony of the witnesses, the judge finally pronounced the verdict on the basis of the physical evidence presented by both parties.
"I declare that White Elephant, Uni-President and other enterprises have lost the lawsuit and are guilty of infringing intellectual property rights, and sentenced the defendant to compensate Dongyu Food 15 million, and ordered all products to be removed from the shelves for rectification, and publicly apologized to eliminate the negative impact. "
Although the amount of compensation is much less, several companies are still dissatisfied with the penalty requirements and have asked for the above.
Several also said they accepted the penalty.
But no matter what, the overall situation of this lawsuit has been decided, and Dongyu Food has become the biggest beneficiary!
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