Behind the bitter chocolate war

 Ferrero in a number of decorating with chocolate products in the same, why choose Ferrero Montresor > Lufthansa (Zhangjiagang) Food Co., Ltd. (hereinafter referred to Montresor) regarding the interview.
with Ferrero in contrast to the attitude of the company is Montresor's reply letter said although Mr. Huang is willing to interview to provide all possible help, but not frequent contact.
one is one of the world-renowned chocolate maker, a chocolate brand-name domestic enterprises, and Montresor Ferrero legal disputes between the media attention. Montresor in the August 22, 2006 on the Enforcement of Judgments. we do not do details on the case evaluation. unique packaging, we passed a lot of evidence collection, sorting, and the full argument, sufficient to permit the existence of our counterfeit Mingmengtesuo violations Montresor final decision also determine the tort liability. In the awful decision
Ferrero under confused, causing buyers to mistake them for the well-known commodity, in the sentencing of the different attitudes shown.
Ferrero and Montresor for their development process, the two sides have no objection. The key is Montresor's on Ferrero's that, FERRERO ROCHER Chocolate package is a generic package, not its unique and should not be protected. The second-instance court found appellee Montresor is sold in the market, Ferrero's FERRERO ROCHER Chocolate Series product packaging, decorating the main features of the same, Montresor's l Winsor TRESOR DOREr chocolate products, unauthorized use of the appellant Ferrero chocolate company FERRERO ROCHER series of product specific packaging, decoration well-known in mainland China on behalf of, the degree of goods is well-known and well-known market should be based on the specific circumstances of its existence to be found Chocolate generate strong distinctive features, appearance of the product increasing significantly, in this case does not make consumers Montresor's ;; as , similar to the decor has not become an obstacle to consumer choice, so products since 1984 in mainland China public sale, at the time the Chinese market, FERRERO ROCHER series of chocolate products, unique packaging and decoration as a whole, with significant visual features and effects. Since then, Ferrero's FERRERO ROCHER series of chocolate products sales in our market has long been known for the relevant public, it should be recognized as well-known commodity, unique packaging, decoration behavior ; chocolate qualitative contrary to honest business principles, which is with Ferrero in the appeals process that Montresor side Montresor is the provisions and the not convinced, There is no clear standard, is generally believed that the use of more vendors, consumer goods were not only from the packaging, this packaging is generic packaging, l Jinsha r product sales has been from the first sixteen years of history, This is similar to the packaging has been used during the period, the market also abound of similar packaging, which also includes the middle of Ferrero products, consumers have come not only from the respective products, the packaging.
Montresor Company believes that there is a second trial the following question:
first court of second instance that is simply not objective facts, The Committee rejected the trademark.
Secondly, the second instance court found that commodities in foreign countries as long as the well-known, well-known in the country are bound, this logic is obviously wrong. because the investigation of a commodity is known, we must take into account geographical factors, namely, the well-known of goods should be present in a specific market within the , but not unlimited expansion of the scope.
Montresor specifically mentioned in an interview in 2001, Ferrero company had the same product, same reason complaints in Taiwan called against Ferrero, the Taiwan > press inquiries on the matter re-Ferrero, Ferrero said, errors of law, we do this inconvenience detailed comments, the Supreme Court's ruling is the best description. innocent know that there are too many similar products on the market, also in the normal sales, not found in other reflected. As to why I sued the company that was Ferrero's choice. had said before the listing of the Jinsha, there are many brands in the industry have adopted a Ferrero, pay more attention to IPR protection of the machine, make a counter unfair competition said, a unique Ferrero products or other intellectual property rights, of course we keep the right to pursue its legal responsibility.