Recently, the Supreme People's Court issued a ruling in the retrial of the civil lawsuit concerning the infringement of the "Jinsha Huisha Wine" trademark by "Jinsha Gusha Wine." The court determined that Guizhou Jinsha Andi Doujiu Co., Ltd. (referred to as Doujiu) and Guizhou Jinsha Gujiu Co., Ltd. (referred to as Gujiu) using "Jinsha Gusha" constituted infringement of the "Jinsha Huisha Wine" trademark owned by Jinsha Distillery. Additionally, the Supreme People's Court held that the "Jinsha Huisha Wine" trademark remains valid and legally protected.
In response, Jinsha Distillery stated that it will further focus on brand protection, intensify rights enforcement efforts, and effectively safeguard the company's legitimate rights and interests.
Clarifying the Source: Supreme People's Court Provides Legal Protection for "Jinsha Huisha Wine"
Jinsha Huisha Wine is the core brand of Jinsha Distillery and a renowned old brand in Guizhou. In 1963, Jinsha Huisha Wine was awarded the title of one of Guizhou's Eight Famous Wines. During its expansion nationwide, it has been repeatedly "hit-and-run" by other enterprises, with "Jinsha Gusha," "Jinsha Gujiang," and "Jinsha Gujiao" being typical examples.
Relevant information shows that the trademarks No. 6538871 and No. 11743372 currently used by Jinsha Distillery were registered in 2010 and 2014 respectively on goods such as distilled spirits in Class 33.
Trademark No. 6538871 Trademark No. 11743372
"Doujiu and Gujiu successively applied for registration of the Class 33 'Jinsha Gusha' trademark starting from April 30, 2021, but all applications were rejected. However, during this period, 'Jinsha Gusha Wine' continued to be produced and sold."
This case was finally adjudicated by the Shandong Provincial High People's Court, which confirmed the infringement dispute between "Jinsha Huisha Wine" and "Jinsha Gusha Wine." The final judgment required Doujiu and Gujiu to immediately cease the infringing acts and compensate Jinsha Distillery for economic losses and reasonable expenses. After the judgment, Doujiu and Gujiu filed a retrial application with the Supreme People's Court. The recent retrial ruling is an affirmation of the Shandong High Court's final judgment.
Multiple Courts Confirm: Use of "Jinsha+" Wines Infringes "Jinsha" Trademark Rights
As a well-known liquor enterprise, the infringement by "Jinsha Gusha Wine" is not an isolated case. Multiple judgments from courts in Guangdong, Henan, Jiangsu, and other places show that in addition to "Jinsha Gusha," trademarks or logos such as "Jinsha Gujiang," "Jinsha Gujiao," and "Jinsha Meng" have also been found to infringe.
Among these, the infringements by "Jinsha Gujiang" and "Jinsha Gujiao," which belong to Gujiu and its affiliated enterprise Doujiu, are relatively the most serious.
In the case involving the "Jinsha Gujiang" logo, the Guangdong Provincial High People's Court (referred to as Guangdong High Court) determined that it completely contains the two characters "Jinsha," and the visual effect of the font is basically the same. The composition and meaning are largely identical, with only differences in font. This is likely to cause relevant public to misidentify the two, believing that there is a specific connection between the products, thus constituting infringement.
Additionally, in the Jinsha Gujiao infringement case, the "Jinsha" characters contained in "Jinsha Gujiao" are basically consistent with the registered trademark No. 9019800 "Jinsha," constituting high similarity and overall possibility of market confusion.
There are many similar judgments. In the recognition of "Jinsha Huisha Wine" and "Jinsha" trademarks, multiple courts have sided with Jinsha Distillery and provided support and recognition.
The Henan Provincial High Court and Guangdong High Court held that although the two characters "Jinsha" originate from the place name "Jinsha County," after long-term use as a trademark on alcoholic products by Jinsha Distillery and its predecessor, they have gained high recognition. For the trademark No. 124667 "Jinsha and Design," "Jinsha" has transcended its geographical meaning and now possesses significant function of identifying product source.
The Supreme People's Court held that according to the facts ascertained by the court, it can be proven that "Jinsha Huisha Wine" as a liquor trademark has established a stable connection with Jinsha Distillery, and has high recognition and influence within the liquor industry. The function of "Jinsha Huisha Wine" as a liquor trademark to indicate product source is significantly greater than the recognition of "Jinsha" as a county name and "Huisha" as a generic term for a specific brewing process.
It can be seen that both in fact and in legal theory, in the liquor industry, "Jinsha" and "Jinsha Huisha Wine" have become highly associated with Jinsha Distillery. Other enterprises may use the place name to indicate origin, but cannot use it as a product identifier.
Guizhou Liquor Industry: Long Road Ahead for Intellectual Property Protection
The liquor industry is closely related to people's livelihoods, characterized by numerous enterprises, brands, trademarks, high social attention, and significant impact.
As a traditional industry, the liquor industry lags behind other industries in intellectual property protection. This is mainly manifested in weak awareness of protecting liquor intellectual property, lack of knowledge about intellectual property, scarcity of talent in intellectual property management, and insufficient strategic research and application of intellectual property.
According to the "China Liquor Industry Intellectual Property Report" issued by the China Alcoholic Drinks Association, 86.96% of enterprises have encountered intellectual property infringement, with trademark infringement being the most severe, accounting for as high as 78.26%.
Compared with ordinary liquor enterprises, leading famous liquor enterprises face more serious trademark infringement. In this context, the determination that "Jinsha Gusha Wine" constitutes infringement is not only a victory for Jinsha Huisha Wine in rights protection but also sets a positive example for the intellectual property protection of liquor brands.
Currently, Guizhou is seizing major historical opportunities such as the "New National Document No. 2" to leverage its advantages as the origin and main production area of sauce-flavored liquor in the Chishui River basin, and to concentrate efforts on building a nationally important liquor production base. However, due to various reasons, intellectual property issues, including trademarks, have become a key constraint on the growth and strengthening of Guizhou's liquor industry.
In the future, it is hoped that more enterprises, like Jinsha Distillery, will actively take up legal weapons to protect their legitimate rights and interests, and work together with relevant departments and industry associations to remove obstacles in intellectual property rights protection through various legal means, continuously promoting the high-quality development of Guizhou's liquor industry.