Hottest bread Xinyu moon cake packaging gift box i

2022-08-09
  • Detail

"Bread news" moon cake packaging gift box infringement was awarded 270000

release date: Source: Shanghai rule of law daily editor: Yu Jia browsing times: 4996 copyright and disclaimer

core tip: near the Mid Autumn Festival, all moon cakes are selling in full swing. "Breadtalk bread Newspeak" has become a problem

[China Packaging News] approaching the Mid Autumn Festival, a batch of ldquo; market segments; Little great man rdquo; The moon cakes of all enterprises are selling in full swing. "Breadtalk bread Newspeak" has become a problem

"breadtalk bread news" 2016 moon cake set outer packaging gift box and handbag were accused of infringing others' copyright, and the defendant went to court. Recently, the Putuo District People's court held a court session to hear and adjudicate the case, ordering the defendants Shanghai Xinyu Bread Food Co., Ltd. (hereinafter referred to as "Xinyu bread company") and Shanghai Xinyu Catering Management Co., Ltd. (hereinafter referred to as "Xinyu catering company") to stop infringement, publish a statement in the well-known media to eliminate the impact, and compensate the plaintiff for the economic losses of 270000 yuan

the plaintiff Shanghai Jinheng packaging products Co., Ltd. sued that in March 2016, the brand "breadtalk bread Xinyu" needed to design and make moon cake outer packaging gift boxes and handbags due to moon cake sales. The defendant Xinyu bread company hopes the plaintiff to design the packaging gift box of the Mid Autumn Festival moon cake - "pinyue" suit, as well as a total of five other moon cake outer packaging gift boxes and supporting handbags. After being informed, the plaintiff repeatedly designed by itself and successively provided three groups of design schemes for the defendant Xinyu bread company to choose

however, after the plaintiff quoted, the defendant Xinyu bread company no longer had feedback. Soon after, the plaintiff found that the outer packaging gift box used in the five moon cake sets sold by the brand "breadlk bread Xinyu" was exactly the same as the design draft submitted by the plaintiff to the defendant Xinyu bread company for the last time. The plaintiff Jinheng company believed that it was the copyright owner of the outer packaging gift box of the moon cake set involved in the case. Now the defendant Xinyu bread company used the plaintiff's works to package the mid autumn moon cake - "pinyue" set without the authorization of the plaintiff, and produced and sold the set. At the same time, the defendant Xinyu catering company actually distributed it. The acts of the two defendants have constituted an infringement of the plaintiff's copyright

therefore, the plaintiff filed a petition against Xinyu bread company and Xinyu catering company in court, requiring the two defendants to stop infringement, compensate for their economic losses, and publish an apology statement in newspapers and media

in court, the two defendants argued that their brand design department independently designed and completed the 2016 Mid Autumn Festival concept visual graphics as the graphics and color vision used in the brand's packaging design for the mid autumn festival that year. 7. Sample holder diameter: ф 50mm ф 60mm ф 89mm feels the tone of choice. The plaintiff provided the design proposal on this basis, but it was not recognized. The person in charge of the unit also went to the plaintiff's factory to select materials and put forward specific design requirements and ideas. The plaintiff made samples of packing boxes and bags according to the design drawings and design elements provided by the defendant company and in accordance with the defendant's design instructions, and provided them to the defendant. Therefore, Xinyu bread company and Xinyu catering company believe that the defendant has the copyright of the black knob packaging box and packaging bag involved in this case, and its behavior does not infringe the copyright of the plaintiff

after the trial, the Putuo District Court held that according to the evidence found between the plaintiff and the defendant and the email exchanges, the defendant sent an offer to the specific plaintiff to entrust the design of the packaging involved in the 2016 Mid Autumn Festival moon cake gift box, and provided the elements and requirements related to the design creation. The defendant's behavior belongs to the offer of entrusted creation. Since then, the defendant concealed the plaintiff's signature and entrusted a third party to make moon cake gift box packaging according to the sample until the production and sales of moon cakes were listed in 2016. Throughout the cooperation period, the defendant never mentioned the ownership of the copyright of the works involved to the plaintiff. The defendant's defense was contrary to the facts, so the reason was lack of basis. The defendant's opinion was not accepted by the court, and the plaintiff should be held to have copyright in the art works involved in the case

the court held that the two defendants had completed their 2016 moon cake production and sales business activities and obtained huge commercial profits. The sales of the products involved were all over major cities across the country, and the sales volume was huge. The packaging of the products involved seriously infringed the plaintiff's many copyright rights, including the right of authorship. The defendant should bear the tort civil liability of eliminating the impact and compensating for economic losses. Support the plaintiff's request that the defendant publish a statement on well-known media to eliminate the impact

finally, the court also ordered the defendants Shanghai Xinyu bread and Food Co., Ltd. and Shanghai Xinyu Catering Management Co., Ltd. to stop the infringement, and paid the plaintiff compensation for economic losses and reasonable expenses to stop the infringement, totaling 270000 yuan

Copyright © 2011 JIN SHI