A confectionery company attempted to rely on "near the famous" for their own products to expand sales, Tianjin court, after two sessions, the judgment of the behavior of this company is unfair competition.

Putian Food Factory is a sole proprietorship enterprise, mainly engaged in confectionery products, its production of xylitol-fold Glister gum and Wrigley Chinese company the benefits of xylitol sugar free chewing gum packaging decoration is basically the same, the times up to "Xylitol the Glister chewing gum in a bottle affixed a prominent location to use the words" Hong Kong Yida Group Producer. Wrigley, Wrigley China Putian food plant of the above violations of the Wrigley Company's registered trademark, unauthorized use of the benefits of xylitol sugarless gum unique packaging and decoration, constitute unfair competition, to Tianjin City Intermediate People's Court proceedings. Court of First Instance that the food factory in Putian violation of the Wrigley Company's registered trademark, award compensation Wrigley, Wrigley China economic losses of 10 million. Putian food factory refused to accept the judgment of first instance and appeal to the Tianjin Higher People's Court.

Second instance court, Putian food plant for the of xylitol chewing gum product packaging and decoration "times up" with the benefits of xylitol chewing gum unique packaging and decoration similar to the facts, to present its only accept Hong Kong Yida Group Co., Ltd. commissioned processing the production of chewing gum products, product packaging and decoration are Yida Group Limited. However, for this idea to the Putian food plant and failed to provide sufficient evidence to prove.

After hearings, the court of second instance, similar goods manufacturers, food factory in Putian its production of chewing gum packaging bottles affixed significant position of the more striking the print label the words "Hong Kong Yida Group Producer" The purpose obviously is you want to use "beneficial up "trademark and the goods of good reputation and brand to attract consumers' attention, is intended to show that the goods and the" benefits of trademarks and trade with some connection to make consumers believe their products and the products of the Wrigley Company the same or even better quality, in order to sell "times up to xylitol chewing gum. The Putian Food Factory subjective intentional infringement Wrigley Company registered trademark. The second-instance court that pronounced its verdict on their products, of Putian food plant in the unauthorized use of the behavior of the unique decor of the benefits of xylitol chewing gum constitutes unfair competition on the the Wrigley Chinese company, is not inappropriate, and therefore dismissed the appeal and upheld the original.