"World Champion Gin" Trademark War: What should I do if a biotech company infringes on the trademark of a beautiful perfumer? Lawyer Zhang Kaixin explains legal issues related to trademark application

"World Champion Gin" trademark battle against biotech company and beautiful perfumer Dongsen News reporters Hong Shiqing and You Yaxing

News link:https://news.ebc.net.tw/news/society/371580

The championship wine that just won the World Gin Competition this year has launched a trademark war. This gin is a product jointly developed by a biotechnology company and a well-known perfumer. The two parties signed a one-year cooperation contract. However, the biotechnology company pointed out that the perfumer registered the trademark before the contract expired and mass-produced it afterwards. The same wine has already breached the contract, but the perfumer also accused the other party of breaching the contract first.
From the packaging patterns, fonts to the bottles, the two wines look no different at first glance. It became the champion wine of "Taiwan Light" in this year's World Gin Competition, but behind it there was a trademark war; a well-known beauty perfume A chef entered the wine industry and made wine, and was moved to tears by receiving an award. However, the biotechnology company that had collaborated with him on this championship wine came forward to complain.
Daniel, a brand publicist for a biotechnology company: "Her major is perfumer, and our major is algae, and making gin, as the name suggests, is algae gin, a perfumer. It was only two days after the contract ended that I found out that she was...she had through her The marketing company has already registered Zao Gin as early as March (before the contract expired). There may be some disagreements when the contract ends, but (we) will not... to erase the cooperation we have done in the past. trace."
The biotechnology company pointed out that Champion Wine has become out of print as the contract between the two parties expired, and the words that were jointly developed in the past have also been taken away from the perfumer's mass-produced version.
The accused perfumer: "(The other party) has committed many breaches of contract. I don't only have this bottle of gin, so I registered as a perfumer. Gin is what our company should have registered. It has nothing to do with the fact that I have to go to the doctor today." Technology companies, doing any competition or whatever.”

Lawyer Zhang Kaixin explains legal issues related to trademark rights, trademark applications and cooperation agreements

Lawyer Zhang Kaixin said: "According to the cooperation agreement, the intellectual property rights of related works produced during the cooperation period belong to both parties. Therefore, without the consent of the other party, you cannot apply for a registered trademark separately." Both parties. The relationship is tense and they each produce similar products. But the most regrettable thing is that the award-winning championship wine seems to be impossible to return as the cooperation between the two parties is suspended.

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