Red Star Capital Bureau reported on May 10 that recently, "Iced Black Tea Asked Zhoukou Jay Chou to Endorse" has attracted public attention. Netizens concluded that the spokesperson of this "copycat drink" is imitated by Jay Chou, the bottle is imitated by Master Kong, and the co

Red Star Capital Bureau reported on May 10 that recently, "Iced Black Tea Asked Jay Chou Zhou to Endorse" attracted public attention. Netizen

concluded that the spokesperson of this "copycat drink" is imitated by Jay Chou, the bottle is imitated by Master Kong, and the company is imitated by Dali Garden. The iced black tea product is also marked with the words "CCTV Advertising Brand" in a prominent position, and the relevant manufacturer is called "Dali Garden". "Garden Beverage (Liaoning) Co., Ltd.".

In response to this matter, on May 9, the relevant person in charge of Dali Garden Beverage (Liaoning) Co., Ltd., which was suspected of being a "copycat", responded that the company was legally registered and had normal procedures. The related products are not false propaganda, and we are preparing to sue.

According to China News Network, Daliyuan Brand responded: This is not our product, we are Dali Food Group Co., Ltd., and other names with place names are not ours.

Screenshot from Weibo

Recently, a consumer in Shenyang, Liaoning Province posted a picture on a social platform saying that he purchased an iced black tea drink called "Liangying", with an image similar to "Jay Chou" printed on the outer packaging, and It is marked as "CCTV Advertising Brand". The company commissioned by

to produce this drink is Daliyuan Beverage (Liaoning) Co., Ltd., and the spokesperson on the packaging picture is actually internet celebrity Zhoukou Jielun, whose original name is Li Feifei. The relevant person in charge of Beverage (Liaoning) Co., Ltd. responded that netizens said that the company was suspected of being a "copycat" Dali Garden, "I am contacting lawyers and preparing to sue. We are not a copycat, but a distributor of this drink. "The person in charge pointed out that Daliyuan Beverage (Liaoning) Co., Ltd. has no relationship with the Daliyuan brand. Its registered brand trademark is "Liangying" and it has indeed hired Internet celebrity "Zhoukou Jielun" to endorse its products. This This beverage has only recently been put on sale in Liaoning. Currently, there are no related products for sale on major mainstream e-commerce platforms.

questioned the product’s broadcast on CCTV. The person in charge said that “there are procedures” and sent relevant certificates. Information.

In addition, the company stated that the words "CCTV Advertising Brand" are because the company has indeed advertised on CCTV. "These advertisements are all personally advertised by CCTV, and they all have certificates of honor, time slots, and when they were broadcast. I have records, and I can check them out. It is not false propaganda." The company also stated that this product has just been trial-produced and tested, and it has only been shipped to some small supermarkets in Shenyang.

According to Tianyancha, Daliyuan Beverage (Liaoning) ) Co., Ltd. was established in August 2022 with a registered capital of 3 million yuan. Its business scope includes food sales, alcohol business, food Internet sales, sales agency, etc. The equity structure has no connection with Dali Food Group Co., Ltd.

. So does Daliyuan Beverage (Liaoning) Co., Ltd. constitute an infringement? “There is actually no conflict between legal registration and infringement of the rights of others. It is indeed easy for consumers to be confused. " Chen Heng, a lawyer at Guangdong Shenwan Law Firm, said that this behavior may constitute unfair competition for both companies, "Dali Garden" and "Master Kong", which are well-known to consumers.

Does this incident constitute an infringement against Jay Chou himself? , and whether it involves false publicity or remains to be discussed, Chen Heng said that it is difficult to determine whether Jay Chou's name and portrait rights are infringed by simply looking like him, but if a pseudonym similar to Jay Chou is used together with a portrait similar to Jay Chou to promote the product. An Xiang, director of

Beijing Dexiang Law Firm, believes that this drink has obvious copycat behavior in the character's portrait, name, and company name, infringing on Jay Chou's right to portrait and name, and infringing on Jay Chou's right to portrait and name. Obtained the trademark rights of Dali Garden.

Editor Yang Cheng synthesized