** Zhejiang Institute of Education and Technology
Recently, Hangzhou Wamao Liquor, which was fined for alleged confusion, announced that it had submitted an "Administrative Complaint" to the People's Court of Xihu District, Hangzhou, and filed a formal lawsuit against the Market Supervision and Administration Bureau of Xihu District, Hangzhou City, requesting that the 515441 made by the Bureau be revoked$67 penalty decision. At present, the case has been officially filed and accepted by the Hangzhou Xihu District People's Court on February 6, 2024.
According to the information, on August 21, 2023, the Hangzhou Xihu District Market Supervision and Administration Bureau issued the "Decision on Administrative Punishment for Market Supervision and Management" (Hangxi Shi Jian Punishment No. 2023 No. 288), determining that Wamao Liquor had confusion and violated relevant laws and regulations. However, Wamao Liquor disagreed, insisting that its actions did not constitute confusion, so it decided to protect its legitimate rights and interests through legal means.
Since its establishment, Wamao Liquor has been in the spotlight for its equity relationship with Wahaha and the sibling relationship between Zong Zehou and Zong Qinghou. The packaging design controversy directly linked Wamao with the well-known liquor company Moutai, which aroused questions about its "popularity". Wu Jian, vice chairman of Wamao Liquor, made it clear in an interview that Wamao has no direct relationship with Moutai, and the dispute is entirely caused by the company's lack of understanding of the design specifications of the outer packaging of liquor in the early days of its establishment.
Previously, Wamao and Julu Shengshi Liquor signed the "Purchase and Sales Contract" for a certain batch of soy sauce wine products, and it was clarified that the seller (Party A) was Guizhou Julu Shengshi Liquor, and the purchaser (Party B) was Hangzhou Wamao Liquor, and the products were "Guizhou Wamao Liquor" and "Wamao Xiaoha Liquor". In fact, Wamao Liquor is a buyer, a consumer and a user, rather than a commissioned producer. The contract signed by the two parties clearly stipulates that "the goods provided by Party A must comply with China's food quality inspection, the import procedures must comply with national laws and regulations, and the packaging design shall comply with national laws and regulations, and all legal issues arising therefrom shall be borne by Party A".
Wu Jian further explained the ins and outs of the incident. He revealed that in the early days of its establishment in 2022, Wamao Liquor adopted a special sales strategy, that is, to attract investors to become shareholders of Wamao Zhongchuang Store through crowdfunding. The investor invested 9,576 yuan to become a shareholder of Wamao Zhongchuang Store, and he could enter the seminar for learning, and this investment covered all the training and future store operation costs. In order to enhance the understanding and tasting skills of Wamao shareholders on the products, Wamao Liquor specially presented the "Guizhou Wamao Liquor" and "Wamao Xiaoha Liquor" produced by its cooperative distillery Guizhou Julu Shengshi Liquor Co., Ltd. (hereinafter referred to as Julu Shengshi Liquor) for shareholders to taste privately. It should be emphasized that the capital contribution of 9,576 yuan was used to obtain shareholder qualifications and training opportunities, not to purchase these two wines, which have never been publicly sold or marketed.
On October 18, 2022, after receiving a lawyer's letter from Kweichow Moutai Liquor Co., Ltd., and realizing the possible infringement issues, Wamao Liquor immediately removed the product promotion of "Guizhou Wamao Liquor" and "Wamao Xiaoha Liquor", and soon after registered the Wamao Xiaoha ** pattern (Wamao series), and obtained the "Work Registration Certificate" issued by the National Copyright Administration on March 9, 2023 (registration number: Guozuo Dengzi-2023-F-00043450).
On August 21, 2023, Wamao Liquor received the "Decision on Administrative Punishment for Market Supervision and Management" (Hangzhou West City Supervision Penalty No. 2023 No. 288) delivered by the Market Supervision and Administration Bureau of Xihu District, Hangzhou. Wamao Liquor disagrees with this, arguing that the company has applied for the "Work Registration Certificate" (registration number: Guozuo Dengzi-2023-F-00043450), indicating that the pattern used in its packaging is original and obviously different from the outer packaging pattern of Moutai; "Guizhou Wamao Liquor" and "Wamao Xiaoha Liquor" are prominently marked with their own trademarks and corporate names on the outer packaging (and the patterns of the two liquors are provided by Julu Shengshi Liquor), which is easy to distinguish the goods**, and the high popularity of Moutai helps consumers identify the authenticity, so these two liquors will not cause confusion and misidentification among consumers. At the same time, Wamao Liquor also believes that "Guizhou Wamao Liquor" and "Wamao Xiaoha Liquor" have never been publicly sold or listed, but are only for the shareholders of Wamao Zhongchuang Store to taste privately, and the products do not constitute sales; Moreover, the shareholders' capital contribution is not the price for the purchase of these two wines, but is used to obtain shareholder qualifications and training opportunities; Therefore, there are factual errors in the illegal operation identified by the Hangzhou Xihu District Market Supervision and Administration Bureau. Based on the above facts, Wamao Liquor decided to protect its rights and interests through legal means and filed an administrative lawsuit with the People's Court of Xihu District, Hangzhou.
While responding to the attention of the outside world, Wu Jian also revealed the blueprint for the future development of Wamao Liquor. He said frankly that Wamao Liquor will learn lessons, reflect deeply, actively rectify, and consciously accept the supervision of all sectors of society. At present, Wamao Liquor has established Guizhou Wamao Liquor Group in Moutai Town, which indicates that the company is fully committed to creating high-quality soy sauce wine products. The company has always adhered to the original intention and mission of "letting the people drink the real Moutai good soy sauce wine". At the same time, Wamao Liquor solemnly promises that it will strictly control the quality of each bottle of liquor to ensure that it shares the ecological environment and brewing process with Moutai. Wu Jian stressed that despite this controversy, Wamao Liquor will never waver in its long-term layout of the market and its solemn commitment to consumers.
Based on the deep confidence in Wamao products and the firm optimism about the long-term prospects of the soy sauce wine market, the company will use the power of capital to comprehensively enhance the brand influence and product competitiveness of Wamao in the future. We will actively improve the upstream and downstream layout of the industrial chain, from the front-end winery production to the middle sales channel laying, and then to the terminal consumer platform, every link will be carefully built and optimized. We firmly believe that by continuously improving product quality, optimizing market layout and strengthening brand building, Wamao Liquor will contribute to the development of Chinese soy sauce liquor to the world. Wu Jian elaborated with confidence.
It is worth noting that Wamao Liquor has launched a number of new and upgraded products to the market, including "Wamao Song Winemaker", "Wajiao" and "Hatai". The launch of these new products not only demonstrates the strength of Wamao Liquor in product innovation, but also reflects the company's accurate grasp of market demand and deep understanding of consumer needs. With the introduction of new products and the gradual improvement of market layout, Wamao Liquor is expected to occupy a more important position in the future soy sauce wine market.
In response to the lawsuit of Wamao Liquor, the People's Court of Xihu District, Hangzhou City, has officially filed the case on February 6, 2024. This means that the court will hear the case and conduct a comprehensive review of whether the administrative penalty decision of the Hangzhou Xihu District Market Supervision and Administration Bureau is legal and compliant. At that time, the court will hear the statements and arguments of both parties, conduct a comprehensive review of the evidence, and finally make a fair judgment.
In this context, all sectors of society have also launched heated discussions on the protection of intellectual property rights of alcoholic products. Some experts said that the protection of intellectual property rights is an important guarantee for maintaining market order and fair competition, but in the actual process of law enforcement, it is also necessary to pay attention to balancing the interests of all parties and avoid excessive law enforcement causing unnecessary losses to enterprises. At the same time, enterprises should also strengthen their sense of self-discipline, abide by relevant laws and regulations, and jointly maintain a good market environment.