The small shops under the old residents' buildings, the convenience supermarkets in the streets and lanes, the small shops in the suburban villages... the retail stores that can be seen everywhere are closely related to our daily life. In recent years, with the increasing efforts to crack down on intellectual property infringement, some fake and shoddy goods began to transfer to these small and medium-sized retail stores after being squeezed in the living space of urban supermarkets and large chain stores. The People's Court of Cixi City, Zhejiang Province, found in the trial that more and more small and medium-sized shopping malls, supermarkets, individual businesses, etc. were on the dock because of infringement. When selling fake famous brand red dates, the merchants were sentenced to stop the infringement and compensate for the red dates, which are the favorite food for many people. They are used to make soup, make tea or eat them directly everyday, and have the functions of nourishing blood and calming the nerves. However, few people are aware that such fruit and vegetable products also have trademark infringement problems, especially small and medium-sized retail stores all over the streets, which may involve trademark infringement without knowing it. From June to July 2022, 11 food wholesale and retail stores in a food city in Cixi were sued by the brand trademark registration company in two batches for allegedly selling counterfeit "Zimuhe" series of original dates, requesting the court to order all stores to immediately stop selling products infringing the trademark, and compensate for economic losses and infringement costs of 30000 yuan each. The plaintiff sued that the plaintiff company was the copyright owner and trademark owner of the original date logo of "Zimu River". "Zimuhe" brand original date series products were rated as "China Famous Brand" by China International Brand Development Association and China Brand Enterprise Joint Development Promotion Association. The plaintiff believed that these food wholesale and retail stores, without permission and authorization, used relevant marks on the jujube products they sold, which infringed the exclusive right of the plaintiff's company to use registered trademarks, had a bad impact on the reputation of trademarks, and also infringed the legitimate rights and interests of consumers. In the face of the fact that they were sued, most of the store operators were quite excited and aggrieved, saying that they only paid attention to the quality of red dates when they purchased goods, and did not realize the trademark problem. Moreover, the red dates in the store were sold in bulk, and the profit from selling a whole box of red dates was only about 20 yuan, and the amount of compensation demanded by the plaintiff was unbearable. After court mediation, 8 merchants and the plaintiff reached an agreement on the amount of compensation, and the case ended in mediation. Another 3 defendants entered the trial stage because they could not reach an agreement with the plaintiff. After the trial, Cixi Court held that the defendant, as a retailer engaged in food sales, sold the goods of unknown origin without marking the manufacturer, address and other basic information on the outer package of the alleged infringing goods in the case, and did not fulfill the basic duty of prudence. The defendant violated the trademark rights, which constituted trademark infringement. All three defendants were sentenced to stop the infringement and compensate the plaintiff for their losses. The toys sold are suspected of infringement, and the shop owner has been sued and awarded compensation for many times to mention the cartoon image "Super Flying Hero". I believe many people are not unfamiliar with it. Its charming and lovely image is loved by the majority of fans and has made great market achievements. The animation work "Super Flying Hero" has also won many honors such as the Best Animation Brand Award of the 14th China Golden Dragon Animation Award of CACC. The animation characters and
Edit：sishi Responsible editor：xingyong
Source：http://rmfyb.chinacourt.org/paper/html/
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