Shandong Taishan Beer Co., Ltd. sued Beijing Yanjing Beer Co., Ltd. for unfair competition. The People's Court of Dongcheng District made a first-instance judgment on December 29, 2020. It determined that Yanjing Beer's behaviour of production and sell of "Yanjing 7 Days Fresh constituted unfair competition with the products of "Taishan Puree 7 Days". The Court ordered Yanjing to stop the production and sales of related products and compensate Taishan Beer with 500,000 yuan.
According to the judgment provided by the plaintiff, Taishan Beer Co., Ltd. launched the "Taishan Puree 7 Days" beer in 2010, and completed the relevant operating system in 2014, which has gained a high reputation among the relevant public. In May 2016, Taishan Beer launched a Taishan Puree 7 Days products of 720ml glass bottle with a "dark brown baking process, a shorter bottleneck, and a longer body". The original label on the front of the bottle was marked with a specially designed yellow number "7". In August 2016, it launched a red beer product with the same packaging and the number "7" on the front of the bottle. However, on May 15, 2019, Yanjing Beer launched the "Yanjing 7th Fresh" beer product, the scope of the sale is limited to Beijing, and the cumulative sales amount is about 3.18 million yuan.
After comparison, the Court held that the packaging of "Yanjing 7 Days Fresh" and "Taishan Puree 7 Days" were basically the same, both of which were dark brown glass bottles with a capacity of 720ml, a shorter bottleneck, and a longer body. On the front of the bottle, there is a large art design number "7" in the middle. The front shows that the whole is composed of the art number "7", "Taishan", "Yanjing", puree, beer and other font elements. The font of the number "7" is obviously larger than the Chinese text and is located in the middle of the front logo.
