Today's guide: Kepic sued Kepic for potato chip infringement, and received a compensation of 130,000 in the first instance; the Xiaobai store was exposed to health risks; Pepsi entered the alcoholic beverage track (August 11, 2021)

BAK v Ke Bike potato chips infringement of First Instance awarded 130,000

 

On August 2, China Judgment Document Network disclosed the first-instance civil judgment on trademark infringement disputes between Dali Food Group Co.
, Ltd.
, Liaocheng Wisdom Garden Food Co.
, Ltd.
, and Yuren Department Store Supermarket in Tongshan District
.
According to the judgment, the plaintiff, Dali, alleged that in November 2019, the plaintiff’s agent entrusted an agent to discover that potato chips with the words “Smart Park Kebeike” were sold in the “Hui Cun Fu Supermarket” store, and the outer packaging was prominently used.
The mark similar to the plaintiff's registered trademark constituted an infringement of the plaintiff's right to exclusive use of the trademark
.
The court held that, after comparison in court, the defendant Liaocheng Wisdom Park Company used a logo similar to the plaintiff’s trademark on the potato chips food packaging it produced and sold, and the defendant’s Yuren Supermarket sold goods that infringed the plaintiff’s trademark exclusive rights
.
Both acts constituted an act of infringement of the plaintiff’s trademark rights and should bear the corresponding infringement liability
.
The court finally decided that the defendant Liaocheng Wisdom Garden Food Co.
, Ltd.
compensated 130,000 yuan, and the defendant Yuren Department Store and Supermarket in Tongshan District was jointly and severally liable for the 5,000 yuan part of the compensation
.

 

　　The supermarket sold 24.
5 yuan expired food and was fined 10,000 yuan and filed a lawsuit against it.
The court: rejected!

 

　　A food supermarket in Jiaxing was fined 10,000 yuan by the market supervision department for selling expired food
.
After the incident, the supermarket refused to accept the administrative penalty and took the law enforcement agency to court on the grounds that "expired food is not food"
.
Recently, the Haining Court heard the administrative litigation case
.
In the end, the court ruled to dismiss the plaintiff’s claims in accordance with the law
.
The Haining Court held that according to the relevant provisions of the Food Safety Law , the ice cream and popcorn seized by the plaintiff in this case were prepackaged foods under the Food Safety Law, and the plaintiff’s food business license also stated that its business items were prepackaged foods.
(including chilled and frozen foods) sales
.
The plaintiff argued that the food did not belong to the food after the expiration date, which obviously did not conform to the general public perception
.
At the same time, the plaintiff’s main business is food sales.
It should strictly abide by the provisions of the Food Safety Law and promptly clean up spoiled or expired foods.
However, the plaintiff did not fulfill this statutory obligation, and instead placed foods that exceeded the shelf life.
Consumers can choose to buy in the business premises, which poses a risk of harm to unspecified consumers, which has constituted harm in the legal sense
.

 

　　White slurry stores are exposed keep health risks

 

　　On August 10, some media exposed a hidden hygiene hazard in a certain store of "Xia Xiaobai"
.
According to media reports, the reporter found that a large pile of tableware and unsealed food materials were directly stacked on the ground, the operation desk was full of food residue, the walls and cabinets in the store were full of oil, flies were flying, and the cool skin of the store was stuck with hair and small insects.
There are also several black bugs floating in the soybean milk sold
.
In addition, two boxes of expired meat were also found in the freezer
.
At present, the market supervision department of the jurisdiction has intervened in this matter
.

 

　　Nestlé completes the acquisition of Bountiful's core brands

 

　　On August 10th, Nestlé announced that Nestlé Health Sciences has completed the acquisition of the core brands of the dietary supplement company Bountiful, including Nature's Bounty, Solgar, Osteo Bi-Flex, Puritan's Pride, and Ester -C and the shantang (Sundown)
.

 

　　I miss you setting up a new company in Beijing

 

　　Recently, I miss you healthy food (Beijing) Co.
, Ltd.
established with a registered capital of 10 million yuan, the legal representative of Zhang Lei, food sales business scope; engineering design; warehousing services; business and other food
.
Shareholder information display, the new company from the miss you Health Food Co.
, Ltd.
, a wholly owned
.

 

　　Pepsi joins hands with Boston Beer to enter the alcoholic beverage track

 

　　On August 10, PepsiCo and the Boston Beer Company announced that the two companies will cooperate to launch an alcoholic beverage called Hard Mtn Dew
.
The drink is expected to be on the shelves in early 2022
.

 

　　VV received the "Concentration of Undertakings Anti-monopoly Review Not Implementing Further Review Decision"

 

　　VV issued an announcement stating that on August 9, 2021, the company received the "Concentration of Undertakings Anti-monopoly Review Not Implementing Further Review Decision" issued by the State Administration of Market Supervision and Administration forwarded by the shareholder Xinsheng Group
.
The “Decision Letter” stated: “According to Article 25 of the Anti-Monopoly Law of the People’s Republic of China, after preliminary review, it is now decided that the case of Xuzhou Xinsheng Investment Holding Group Co.
, Ltd.
’s acquisition of the equity of VV Food and Beverage Co.
, Ltd.
Implement further review
.
Your company can implement the concentration from now on
.
The case involves matters other than the anti-monopoly review of the concentration of undertakings and is handled in accordance with relevant laws
.
"

 

　　Spain informs China that Salmonella has been detected in exported paprika

 

　　According to the European Union’s Rapid Early Warning System for Food and Feed (RASFF), on August 10, 2021, the European Union notified China’s unqualified exports of paprika
.
FoodPartner.
com reminds all export companies to export products strictly in accordance with the requirements of EU member states, pay attention to the existence of various pathogenic microorganisms in the products, ensure the safety of food and related products, and avoid export risks
.