"There is a sense of coolness and no wind." When you hear this slogan, which brand do you think of first? The two domestic giants, the United States, Gree has gone to court for this slogan. On June 25th, the People's Court of Chancheng District of Foshan City held a public hearing on the case of the unfair competition against the United States. In the end, the two sides disagreed with the court mediation, and the court will decide on the date.
Beautiful Gree advertising is unfair competition
On November 10 last year, Midea Company formally filed a lawsuit against the Chancheng court in this case. Midea’s company claims that since 2015, it has spent huge sums of money through television, newspapers, radio and other media to publicly promote the beauty of the company’s comfortable star series air conditioners with “cool and windless†technology, and “Wind Sense†has become an unregistered trademark in the form of advertising, which serves to identify different brands from other air-conditioning brands. Gree knows that its air-conditioning products do not have the technology and function of “cool and windlessâ€, but use the company’s highly-recognized advertising language to promote its products and gain a competitive advantage that should not belong to it. .
The company of the United States requested that Gree immediately stop using the slogan “There is a sense of coolness and no wind†to compensate the economic losses of 4.9 million yuan, and apologize in the media such as Gree’s official website and “Legal Dailyâ€.
Gree's competitiveness is strong, it is necessary to "ride"
The defendant Gree argued that the air-conditioning products involved in Gree are only sold online, and the shopping process in Jingdong Mall determines that consumers will not confuse the brand during the shopping process. Moreover, Gree does not need to resort to any commodity of any domestic and foreign home appliance company, and does not need to implement any confusing behavior that can lead to misunderstanding of other people's goods or specific connection with others, to improve Gree's own products already have Strong competitiveness."
In addition, Gree company proposed that after the Gree company test, the air conditioning and wind-free effect detection contrast, Gree is as cool as the better than the US comfort star series, the US company claims that Gree is cool and does not have wind-free effect. There is no factual basis.
Gree also believes that the air conditioner has the function of “cool feeling, no wind blowing†and the function of “no wind feelingâ€. It is now a universal concept and function promotion of home appliance air conditioner industry at home and abroad. One of the words. Moreover, the "windless" effect of air conditioners is not the first of its kind. And Gree's product slogan, "have a sense of cool and no wind" is only a part of it, is a description of the efficacy of air conditioning comfort, not prominent.
The beautiful beauty will move Gree air conditioner to the scene.
After listening to the opinions of both parties, the collegiate panel summarized the disputes of the two parties into three aspects: First, whether Gree's use of the slogan involved in the case constitutes an unfair competition act of false propaganda. Second, Gree's release of the relevant slogan “has a sense of coolness and no wind†is an unfair competition that violates the principle of good faith and “free riderâ€. Third, if it constitutes unfair competition, Gree's relevant civil liability should be borne.
The reporter also noticed that two Gree air conditioners were placed behind the plaintiff's seat. It turned out that Midea’s company had asked the court to test Gree air-conditioners on-site to verify whether it constitutes false propaganda. After review by the collegial panel, it is considered that the technical parameter test of the air conditioner should be carried out by a professional organization and it is decided not to conduct the test on site.
The two sides debated in the court for nearly three hours, and did not agree with the court mediation, the court will decide on the date.
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