Mona Lisa bathroom top quality black list
Recently, the Chengdu Municipal Industry and Commerce Bureau released the quality sampling results, and the sanitary ware with the brand name "Mona Lisa" was listed on the quality black list. The Mona Lisa Group stated that the company only produces ceramic tile products. All Mona Lisa sanitary wares on the market are infringing products of famous brands, and they will be cracked down firmly. However, the three recently announced cases related to the Mona Lisa trademark have both won and lost, making it a question of whether the bathroom constitutes an infringement of ceramic tiles. The survey found that there are not only one or two sanitary ware companies with the same name as the Mona Lisa tiles. There are multiple Mona Lisa sanitary wares in the market, and it is confusing who produces the unqualified products.
Mona Lisa sanitary wares two quality black list
On June 27, 2014, the Chengdu Municipal Industry and Commerce Bureau issued the "Announcement of Sanitary Ware Quality Sampling Results", and Mona Lisa Sanitary Ware was on the unqualified list. Sampling results show that a nominal trademark is "Mona Lisa", the nominal production unit is "Mona Lisa (Italy) International Ceramics Industry Co., Ltd. (supervised)", and the tested person is "Jinniu District Jiyue Sanitary Ware Business" The sanitary ware (toilet) with the specification "8809" was judged as a non-conforming product due to the "unqualified technical requirements for toilet water consumption and safe water level".
In less than a year, sanitary products with the brand "Mona Lisa" twice appeared on the quality black list. On October 22, 2013, the Beijing Municipal Administration for Industry and Commerce released the "Monitoring of the Quality of Indoor Decoration and Decoration Materials in the Circulation Field", where a nominal trademark is "Mona Lisa" and the nominal production enterprise is "Mona of Chaoan County" Lisa Ceramics Industry Co., Ltd., the specification is "A-1018", the production date or the batch number is "2012/10/18", the toilet has become the protagonist of the quality black list due to the failure of the cleaning function. The reporter noticed that these two unqualified sanitary ware products also branded as "Mona Lisa" have different production units.
On July 11, the investigation found that who produced this unqualified Mona Lisa bathroom product supervised by Mona Lisa (Italy) International Ceramics Industry Co., Ltd. was very confused. First, Huang Xinhong, Secretary General of the Professional Committee of Building and Sanitary Ceramics of the China Ceramics Industry Association, pointed out that production supervision is not the same as manufacturers. Usually, enterprises with relatively low production, technology and management capabilities invite a mature enterprise in all aspects of technical guidance. The label is easier to win the trust of the people. "Although this company has the same name as Mona Lisa, it has nothing to do with the famous Mona Lisa. I have not heard of it. I really have to ask a question mark if it is a producer. Secondly, the reporter searched for the detailed information of the unqualified product supervision unit "Mona Lisa (Italy) International Ceramics Industry Co., Ltd." through various methods such as the Internet and telephone, and finally got nothing; The person in charge Chen Chao admitted that the person "Jinniu District Yueyue Sanitary Ware Management Department" shown in the results of the random inspection was responsible for himself, and he did not know about Mona Lisa (Italy) International Ceramic Industry Co., Ltd. and unqualified products. And hang up the phone; Fourth, Zhou Yachao, the director of the Mona Lisa Group President Office, said in an interview with reporters, "This company is fake and has been included in the counterfeit. It should be a shell company registered in Hong Kong. Some small workshops and small companies in China are OEM. "
Whether sanitary wares are infringement on ceramic tiles
What is the relationship between the Mona Lisa bathroom and the famous Mona Lisa tiles? Most people think that it is a branch of Mona Lisa Group's diversified development. Mona Lisa Group claims that they only produce ceramic tiles, and all sanitary products are famous brands. However, the three recently announced cases related to the Mona Lisa trademark have achieved two wins and one defeat, making it a question of whether the sanitary brand under the banner of Mona Lisa constitutes infringement on ceramic tiles.
According to the news publicly released by Mona Lisa Group, two infringement lawsuits of Mona Lisa Sanitaryware have recently been won: First, it was judged by the Foshan Intermediate People ’s Court [(2013) Fozhongfazhiminchuzi No. 89] : The defendants Chaoan County Bojia Ceramics Co., Ltd. and Foshan Bojia Ceramics Co., Ltd. immediately ceased to infringe on the trademark rights of the "Mona Lisa" series of Guangdong Mona Lisa Group from the date of the entry into force of the judgment, and immediately ceased outdoor advertising and brochures. And other infringements using the name of "Foshan Mona Lisa Sanitary Ware Co., Ltd."; the second is the judgment of Guangzhou Intermediate People's Court [(2013) Sui Zhongfa Zhimin Chu Zi No. 23]: Defendant Chaoan Wanxing Ceramic Industry Co., Ltd. The company and the defendant Li Yunfeng immediately stopped the infringement of the manufacturing and sales of Guangdong Mona Lisa's "Mona Lisa" series of trademarks.
However, the Mona Lisa Group's other lawsuit for determining the right did not win. The administrative judgment issued by the Beijing Higher People's Court on June 6, 2014 [(2014) Gao Xing Zhong Zi No. 487] published by China Judgment Document Network shows: No. 5131013 "monnal" trademark (disputed trademark), Guangdong Mona Lisa Company submitted a revocation application to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, the ruling result was maintained for the disputed trademark, and the Beijing First Intermediate People ’s Court made the final judgment in the second instance , "Dismiss the appeal and maintain the original sentence".
On July 14, a reporter interviewed Zhou Yachao on this issue. He believed, "This is normal. The first is the understanding of the court, and the second is that the trademark itself is different. This is a trademark confirmation case. The defendant is the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. Is an administrative litigation case; it is of two natures, infringement and anti-counterfeiting. Infringement and anti-counterfeiting litigation cases are generally civil cases, and the defendant is the subject of various infringements. The case and nature cannot be compared. And other factors".
Difficulties in rights protection caused by multiple sanitary fights
Mona Lisa sanitary ware was listed on the quality black list in the case of infringement, which caused the famous Mona Lisa Group to be injured by the same name. However, the two toilet production companies that were listed on the black list twice were not the same, and led to multiple The chaos in the market of Mona Lisa sanitation.
The investigation found that in addition to the Mona Lisa (Italy) International Ceramics Industry Co., Ltd., Chaoan Mona Lisa Ceramics Industry Co., Ltd., and the Chaoan Bojia Ceramics Co., Ltd. and Foshan City Bo in the infringement case. In addition to Jia Ceramics Co., Ltd. and Chaoan Wanxing Ceramics Industrial Co., Ltd., there are Mona Lisa Sanitary Ware (China) Holdings Co., Ltd., Mona Lisa Porcelain Co., Ltd., and Guangzhou Mona Lisa Sanitary Ware Co., Ltd. All kinds of Mona Lisa bathroom, chaotic scene.
Zhou Yachao revealed to reporters that the Mona Lisa Group did not want to make sanitary wares, it was just too many fakes. Even if they did so, they dared not use the Mona Lisa name. There are at least dozens of manufacturers producing Mona Lisa sanitary ware, mainly concentrated in Chaozhou and Chaoan. This does not include those registered in Hong Kong. " He also said that the Mona Lisa Group is cracking down on counterfeiting through various channels and methods, and has also achieved some results. It is considered to be relatively good in the industry, but the actual awards and money are still not much, mainly because Because the general environment is not very good, there are many people who want to falsify, the cost of defending rights is high, and the effect is not ideal. These all disguise the behavior of counterfeiting.
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