Recently, the Fujian Provincial High People's Court made a second instance judgment on the trademark infringement dispute between Weisimei Food Technology (Anji) Co., Ltd. (hereinafter referred to as "Weisimei Company") and Shishangke (Zhangzhou) Food Co., Ltd.
The court determined that the use of the "Weisimei" graphic series trademark by Shishangke Company on meat floss products exceeded its approved scope of use and constituted an infringement of the exclusive rights of Weisimei's registered trademarks such as "WeisimeWITHME".
Based on this, the court ruled that Shishangke Company should immediately cease its infringing behavior, eliminate its adverse effects, and compensate Weisimei Company for economic losses of 100000 yuan.
This case has attracted widespread attention in the food industry due to its involvement in common trademark usage boundaries and the fact that the companies involved have a certain market influence in the field of meat floss.
Although both companies hold trademarks related to "Weisimei", there are essential differences in the categories of goods they are authorized to use.
As a comprehensive food enterprise integrating the research and development, production, and sales of meat floss, the plaintiff Weisimi Company's registered trademark is approved for use in Class 29 "Meat floss, meat products" and other goods. After years of market cultivation, the "Weisimi" brand has established a certain brand reputation in the field of meat floss.
In May 2024, Weisimi Company discovered that Shishangke Company was selling products such as "Seaweed Crispy Pine" and "Original Flavored Meat and Bean Powder Pine" in its "Weisimi Food Official Flagship Store".
The related product ingredients show that its main ingredient is pea powder, and it contains meat ingredients such as pork and chicken. In addition, the store page once used a promotional video of "Meat floss, small shellfish, seaweed crispy and fluffy" from Wei Si Mei Company.
According to the market litigation strategy mining database of Sailixin, Shishangke Company was established in 2013, mainly engaged in the production and sales of meat products, soy products and other food products. It obtained the "Weisimei" graphic trademark involved in the case through acquisition, and the approved goods for use are Class 30 soybean powder, etc.
It is worth mentioning that during the initial examination announcement of the sued trademark, Weisimei Company raised objections, but the trademark authority believed that the goods involved in the two trademarks did not constitute similarity in terms of functionality, channels, etc., and therefore allowed registration.
After unsuccessful communication with the defendant company regarding rectification and platform complaints, Weisimei Company filed a lawsuit against Shishangke Company with the Intermediate People's Court of Zhangzhou City.
During the trial, Shishangke Company argued that:
1. According to the "Classification Table of Similar Goods and Services", the accused goods should belong to the category of Class 30 soybean flour, and the defendant company's products are prefabricated plant-based foods that do not exceed the scope of its trademark approval and do not constitute confusion.
2. The partial trademark registration behavior of the plaintiff company Weisimei itself has malicious intent. The video appearing in the defendant's online store was automatically pushed by the platform, and it was immediately handled upon discovery. There is no subjective intention of infringement.
The Zhangzhou Intermediate People's Court held that the trademark authority has made an examination conclusion on the coexistence of the two trademarks, and if they are used in a standardized manner, it will not cause a conflict of rights. Therefore, the claim of malicious registration by Shishangke Company is not supported. Meanwhile, according to the "General Rules for the Quality of Meat Pine", the accused goods should belong to the category of meat pine products. The use of the accused trademark by Shishangke Company on meat pine products constitutes an infringement of the trademark rights of Weisimei Company.
However, the court did not support the claim of Weisimei Company regarding infringement of the online store name, and held that Shishangke Company used its legally registered trademark to open a store, and this behavior itself does not constitute infringement.
After the first instance verdict, Shishangke Company filed an appeal.
During the second trial, the judge explicitly stated that the determination of product similarity should be based on the general understanding of the relevant public, taking into account both the physical and social attributes of the product.
Although the main ingredient of the accused product is pea powder, its product name does not reflect the "pea powder" attribute, and it contains livestock and poultry meat ingredients, similar in shape to meat powder pine. Considering various factors such as ingredients, functions, sales channels, and consumer groups, it should be determined that it belongs to the category of meat floss products.
The defendant, Shishangke Company, used the promotional video of Weisimei Company's meat floss during the sales process, which indirectly reflects its subjective intention to guide consumers to recognize the accused product as meat floss and objectively increases the possibility of confusion. Therefore, the defense of Shishangke Company regarding the standardized use of trademarks cannot be established.
After trial, the Fujian High Court rejected the appeal and upheld the original verdict.