Different from the previous involvement in the "Taiwan independence" incident, this time the brand took the old Shanghai dairy company Guangming to court because Guangming printed "85℃" on the product packaging box.

In the past few days, Taiwanese bread brand 85 degree C has once again become the focus of public opinion. Different from the previous involvement in the "Taiwan independence" incident, this time the brand took Guangming, a long-established Shanghai dairy company, to court because Guangming printed "85℃" on the product packaging box. 85 Degrees C believed that Guangming infringed on its trademark rights. Recently, the second instance of the case was pronounced.

According to a report on Taiwan's ETtoday News Cloud website on December 19, the Shanghai Intellectual Property Court determined that the "85°C" on the packaging box was a technical parameter for pasteurization and did not infringe on trademark rights. It ruled that 85°C lost the case. Is

85 degrees C or 85 degrees C?

85°C was founded by Taiwan Food Master Company and entered the mainland market in 2003.

Taiwan Today News Network reported on December 20 that Gourmet Daren Company entered the mainland market with 85°C and obtained four registered trademarks of "85°C". After many years of promotion and publicity in the mainland, its products are popular in coffee shops. and cake shop, etc., have been recognized as well-known trademarks by the Trademark Office.

In May 2016, Gourmet Daren Company discovered that the same or similar 85°C as its registered trademark was used in a prominent position on the outer packaging of the Youbei series of fresh milk products produced by Guangming Company , so Gourmet Daren Company The company sued Bright Milk for trademark infringement and claimed economic losses of 5 million yuan and reasonable expenses of 59,500 yuan.

Court: Guangming's use of "85℃" is reasonable

Regarding the accusation, Guangming Company once again emphasized the reason for using "85℃".

According to ETtoday News Cloud, in response to the accusation of 85°C, Guangming Company refuted that "85°C" is only the "pasteurization technology" used in the production and processing of UPE series fresh milk, and their process parameter is 85 ℃, 15 seconds, so marking 85℃ on the packaging box of milk products is a well-intentioned and reasonable descriptive use.

Guangming emphasized that 85℃ is a temperature value that describes the characteristics of product processing technology and is not used in the sense of a trademark.

Today's News Network reported that the second instance judge believed that Guangming Milk mentioned in the advertising slogan on the packaging box that "you want to drink pasteurized fresh milk sterilized at 85°C", which can be determined to be only to explain to the public that it uses pasteurized milk. The characteristics of his sterilization technology fall within the scope of reasonably describing the characteristics of the products he sells. It is not the use of the registered trademark of Gourmet Master (the company founded by 85°C), but the legitimate use of the temperature expression method.

Netizen: "Why not sue the thermometer?"

After the verdict of this case, it sparked online discussions.

Some netizens joked: "I was so scared that I quickly poured out the 85°C water in the water cup to avoid being found out that I had infringed the copyright."

Some netizens thought, "When buying Guangming milk, you don't think about 85°C at all", " Guangming Milk has a history of 70 years, who wants to take advantage of whom?”

Some netizens said that it is lucky that the trademark applied by the food expert is not 37℃, “otherwise measuring body temperature would be infringement.”

Taiwan media believes that it is reasonable for mainland netizens to be a little emotional about 85 degrees C. In August this year, Taiwanese leader Tsai Ing-wen visited a local 85 Degree C coffee store during her "transit" in Los Angeles. The clerk took out a mascot pillow and gave it to Tsai Ing-wen to sign. This move angered mainland netizens, who accused 85 Degree C of being a "Taiwan independence" company. , threatening to boycott and refuse to buy. At that time, 85°C products were removed from the shelves of major takeout platforms in mainland China.

85 degrees C sued Guangming for infringement.