In order to “have a sense of cool and no wind”, a six-character slogan, Guangdong Midea Refrigeration Equipment Co., Ltd. (hereinafter referred to as the US company) took Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as Gree) to court, yesterday morning, the case was The Chancheng District Court held a public hearing, and the lawyers of the two leading companies in the air-conditioning industry were in the courtroom. After three hours of intense debate, both parties disagreed with the court mediation and the judge announced that they would elect to pronounce the sentence. CNC machine companies
Yesterday morning trial site
For the six-word beauty
There are only six words in the advertisements that cause disputes between the two parties – “there is a sense of coolness and no wind.” CNC machine companies
The company of the United States said that since 2015, the United States has spent huge sums of money through television, newspapers, radio and other media to promote the company’s comfort star series of air conditioners with cool and windless technology. “No wind feeling” has become an unregistered trademark in the form of advertising, which serves to identify different identifiers from other air-conditioning brands. Therefore, the legitimate rights and interests of the slogan “There is a sense of coolness and no wind” should be attributed to the beauty.
The US side found that Gree sold its “Geli ” model air conditioner on “Jingdong Mall” and publicized “there is a sense of cool and windless”. Through the actual test and perception of the United States, these air conditioners sold by Gree do not have the technology and function of “cool feeling and no wind”. Therefore, Gree is a false propaganda and constitutes unfair competition. CNC machine companies
To this end, the company of the United States asked Gree to immediately stop using the “cool feeling, no wind” slogan, compensation for economic losses of 4.9 million yuan, and public apologies in the Gree official website and the “Legal Daily” and other media.
On November 10 last year, Midea Company formally filed a lawsuit against the Chancheng court in this case. At 9 o’clock yesterday morning, the case was officially opened for trial in the Chancheng District Court. The case was tried by a collegiate panel of the New Town Intellectual Property Court of the Chancheng District Court. The President Liu Yingdong was the presiding judge of the case. Chancheng District also introduced the legal experts and senior media people to jointly explain the trials for the first time nationwide, and turned the court into a “rule of law open class” shared by the whole people. CNC machine companies
Liu Yingdong said that this is a new attempt by the Chancheng court to innovate and implement the “Sunshine Justice” and “Who enforces the law.”
Beautiful to test, Gree refused in court
China court trial open network, Guangzhou reference, Dayang network and other platforms and websites have synchronized video and live broadcast of the case. During the court investigation and court debate, both lawyers put their own evidence and opinions, and they were tit for tat. CNC machine companies
Behind the plaintiff’s seat, there are two Gree air conditioners that have been sealed. In the course of the court investigation, Midea Company filed a request to the court to test the Gree air-conditioner on-site to verify whether Gree air-conditioner can really achieve “cool feeling and no wind feeling” and whether it constitutes false propaganda.
“Is the court a laboratory?” Gree’s attorney immediately responded by saying that the court was not a laboratory, did not have test conditions, and refused to test in court. The lawyers of the US company still insisted on the court test, saying that “simply test the wind speed can also be done”. After review by the collegiate bench, it is considered that the technical parameter test of the air conditioner should be carried out by a professional organization and it is decided not to conduct the test on site. CNC machine companies
During the trial, the judge asked Gree when to start and stop using the slogan. Gree’s lawyers said that they used the slogan around August 2017, but they were no longer used in November of the same year. The reason is that “I don’t want the beauty to take this opportunity to speculate.”
In the court mediation stage, the “gunpowder flavor” of the two sides did not fade because the trial was about to end. When the judge asked whether the parties had conducted court mediation, the US side expressed its refusal, and Gree used a more reinforced word, saying “resolutely disagree with the court mediation.”
At 12 noon, three hours after the two sides argued, the judge announced an adjournment and will pronounce the case on a case-by-case basis. CNC machine companies
Three major disputes
Is Gree suspected of “free rider”?
The company’s view in the court has always been that the behavior of Gree not only caused misunderstanding and confusion among the consumers concerned, but also diverted and played down the rights and interests of the US companies based on the slogan. Its competitive advantage. As a trader, Gree uses this slogan to deliberately “free ride”. CNC machine companies
Gree responded that the air-conditioning products involved in Gree’s case are actually only sold online. The shopping process in Jingdong Mall determines that consumers will not confuse the brand during the shopping process. “Consumers will not mistake Gree for beauty. Nor will the beauty be mistaken for Gree.”
For Gree’s brand, the lawyer also showed enough confidence: “Gregory’s position, influence, reputation, comprehensive strength in the home appliance industry at home and abroad, and its own research and development capabilities, core technology, production and sales leadership, The guarantee of quality, the reserve of talents, and the promotion of advertisements do not need to rely on any commodity of any domestic and foreign home appliance enterprises, and there is no need to implement any confusing behavior to improve their competitiveness.” “Gree is the leading company in the industry.” It won’t take advantage of the peers.”
Should the US enjoy the advertising word exclusively? CNC machine companies
Midea said that as early as 2015, the United States spent about 360 million yuan before and after the media through television, newspapers and other media to promote the company’s comfortable star series air conditioners with “cool and windless” technology. The slogan “There is a sense of coolness and no wind” is original, and its positive and negative expression also has a specific meaning. After being promoted and promoted together with the “beautiful” comfort star series air conditioner, the advertisement has formed a specific relationship with the “beautiful” comfort star series air conditioner, which has a high reputation, so “have a sense of coolness and no wind” has become an advertisement. Forms of unregistered trademarks serve to identify differences from other air-conditioning brand logos.
Gree argued that the “windless” effect of air conditioners was not the first of its kind. Since June 10, 2005, many individuals or units in China have applied for inventions or utility model patents with air conditioners that have “no wind” effect, and have produced such products in the same industry abroad. Gree has no wind effect, and it was developed in 2013. According to the US complaint, the propaganda word about the “no wind feeling” effect is its original, pioneering and comfortable star “windless” air conditioning leading the trend and trend of air-conditioning consumption, without any factual basis. CNC machine companies
Is there a technical standard for “no wind feeling”?
Midea believes that the air conditioners sold by Gree do not have the technology and function of “cool feeling and no wind”. Gree related products do not meet industry standards, and windless induction is that the air conditioning wind speed is not more than 0.3 m / s. Therefore, Gree claims that “there is a sense of coolness and no wind”, which is false propaganda and is unfair competition. CNC machine companies
Gree responded that the windless air conditioning certification rules formulated by Midea’s commissioned testing company cannot be regarded as a common certification standard for the whole industry. “There is a sense of coolness and no wind” is an explanation of the comfort effect of air conditioners, and it is not outstanding. Gree emphasizes that they use technology to make the air conditioner achieve a super-quiet mode, ensuring user comfort and achieving a cool and windless effect. “There is no standard for airless air conditioners, but a human experience. There is no need for special standards in the laboratory, and no parameters are needed.”
The US side still insists that the sense of no wind is an objective standard, not a subjective standard, and it needs to be supported by parameters. CNC machine companies