Special: Wa Mao is out, Wahaha does not "admit relatives"!
Author:Zhongxin Jingwei Time:2022.09.29
Zhongxin Jingwei, September 29th (Deng Yiruo) Recently, a poster of "Guizhou Waimao wine" caused heated debate. On the 28th, Wahaha Group issued a statement saying that the product and manufacturer had nothing to do with Wahaha.
On the afternoon of the 29th, Wa Mao Liquor issued a statement saying that it has never used the name of "Wahaha" to promote the promotion of "baby wine". However, Zhongxin Jingwei discovered that the legal representative and chairman of Dali Zongsheng Intelligent Technology Co., Ltd. (hereinafter referred to as "Zong Sheng Smart") Three brothers. In addition, Zong Qinghou served as a director of Zong Sheng Smart.
Company: Never use the name "Wahaha" to promote "baby wine"
On the 25th, Hangzhou Waimao Liquor Co., Ltd. (hereinafter referred to as "Wa Mao Wine Industry") WeChat public account published a related article of Guizhou Wa Mao Jiu Jian Jian Society. And the poster is marked with the words "2016 Wahaha Investment Establishment of Zongsheng Intelligent" and "2022 Sheng Sheng Smart Investment Establishment of Wa Mao Wine Industry".
Picture source: Wa Mao Liquor Public Account
On the afternoon of the 28th, Wahaha Group issued a statement on the official website that Wahaha has not participated in any activities such as the production, sales, and promotion of "Wa Mao" liquor, and has not provided any authorization to the product with brand and corporate name. Enterprises have nothing to do with Wahaha Group. At the same time, the Wahaha Group stated that it had issued a lawyer's letter to the involved party, asking the relevant parties to stop improper propaganda immediately.
Zhongxin Jingwei consulted the relevant people of Wahaha on the relevant matters of "Wa Mao Wine". Wahaha said that "related matters are based on statement."
Picture source: Wahaha Group official website
On the afternoon of the 29th, the public account of Wa Mao Liquor issued a statement saying that the Wa Mao wine industry was a company established by Zongsheng Smart and Hangzhou Zongsheng Commercial Development Co., Ltd. (hereinafter referred to as "Hangzhou Zongsheng"). The operation of the launch of the "Wa Mao Wine" sauce has nothing to do with the Wahaha Group, and it has never used the name "Wahaha" to promote the promotion of "Wa Mao Wine", and requires immediately to stop malicious defamation of its normal publicity behavior.
Picture source: Wa Mao Liquor Public Account
It is worth noting that, according to previous media reports, Wa Mao Liquor mentioned in the public account tweet on the 25th, "Based on a keen market vision and detailed market research, Wahaha Zongsheng Intelligent decided to establish Wa Mao wine industry, and and and and of. This year, the two products of Guizhou Wa Maojiu and Wa Mao Xiaoha Wine "were launched." On September 29th, Zhongxin Jingwei inquired about the article and found that all the words "Wahaha" in the article have been deleted. Modify daily. "
Does the Waimao wine industry have something to do with Wahaha?
Tianyancha shows that the Waimao wine industry was established on July 8, 2022, and was established less than 3 months, with a registered capital of 5 million yuan. The legal representative is Zhang Bing. Class operations, etc.
The equity penetration shows that the ultimate beneficiary and actual controller of the Wa Mao wine industry are Zong Ze. In the interview of July 2019, the public account of Zhejiang University of Technology, the public account of Zhejiang Business, Zong Zong, the chairman of Zong Sheng Smart, said that he was the brother of Zong Qinghou, chairman of Wahaha Group, and in the five brothers and sisters. The fourth and one of the early founders of Wahaha.
Specifically, the Wa Mao wine industry holds 70%of Zong Sheng Intelligent, and Hangzhou Zongsheng holds 30%of the shares. It is further sorted out and found that Zongsheng Intelligent through Shaanxi Wanxiang Zongsheng Intelligent Technology Co., Ltd. holds 90%of Hangzhou Zongsheng 90% In other words, Zong Sheng Smart is the major shareholder of the absolute control of the Wa Mao wine industry.
Picture source: Tianyancha
Tianyancha shows that Zong Sheng Smart's legal representative, actual controller, and the ultimate beneficiary are all after Zong Ze. For 14.06%, the company's top two shareholders are Hangzhou Zongcheng Investment Management Partnership and Zhejiang Wahaha Entrepreneurship Investment Co., Ltd. (hereinafter referred to as "Wahaha Venture Capital"). After celebration. Among them, Wahaha Venture Capital is a subsidiary of Wahaha Group and invests in Zong Sheng Intelligent on July 15, 2016.
Zong Sheng Intelligent conducted angel round financing on July 15, 2016, and the investor was Wahaha Venture Capital; A round financing was conducted on November 9, 2018. The investors were invested by Jun and Capital and Kaiji. Discovery.
At the same time, it was also mentioned in the product details page of the Waimao Wine official mall that "Zong Sheng Smart was jointly invested and created by Zong Qinghou, the founder of Wahaha, and Zong Zehou."
Therefore, although in terms of equity structure, the Wa Mao wine industry and Wahaha Group have no direct connection, but Wahaha's subsidiary does hold the Shengsheng intelligence.
However, Zhao Zhao, a lawyer of Beijing Yunjia Law Firm, said that in this case, although the actual controller of the two companies has a certain relationship, if the two parties have no trademark license, there is no cooperative relationship between promotion and promotion, etc. In a legal sense, these two companies do have nothing to do.
Lawyer: Wa Mao may involve inappropriate competition
In addition, the public account tweet of Wa Mao Liquor mentioned on the 25th mentioned that "all the products of Wa Mao wine are produced in the Chinese wine capital -the core production area of sauce wine in Moutai Town, Guizhou".
In this article, Wu Jian, President of Zong Sheng Smart, Vice Chairman of Wa Mao Wine Industry, and Dean of Zhejiang Business Education College, said, "The brand wings of Zong Sheng Smart, the two Mao Mao wines listed this time from the color," The aroma, taste, and Yu Yun to the style have been strictly controlled. It is a good sauce wine that is high -quality and price -friendly. "Zhongxin Jingwei noticed that the official sales mall of Wa Mao wine showed that the shop only sold 500ml of 500ml Wa Mao 53%VOL (fifteen years), Zong Shengyou selected Yangcheng Lake Crab Card, and Wa Mao+Crab.
Picture source: "Zongsheng Shopping Mall" applet
Among them, Wa Mao is divided into ordinary version and dealer version. The general version of 1 bottle is priced at 1499 yuan, 6 bottles are priced at 4194 yuan, 60 bottles are priced at 35940 yuan, 1 bottle, 6 bottles, and 60 bottles are 500 pieces; the dealer version has 1 bottle, 1 box of 6 bottles, There are three options for 10 boxes and 6 bottles. Each option inventory shows 1500 pieces.
Zhao Occupy mentioned that the packaging of Wa Mao wine is very similar to the packaging of Flying Moutai, Guizhou, which may involve improper competition.
Article 57 of the "Trademark Law of the People's Republic of China" stipulates that without the permission of the trademark registrar, use the trademark similar to its registered trademark on the same product, or use the same or similar trademark as its registered trademark on similar products. It is easy to cause confusion to violate the special rights of registered trademarks.
According to Article 6 of the "Anti -Unfair Competition Law of the People's Republic of China", the operator shall not implement confusion, which is mistaken for other people's products or have a specific connection with others, including the name of the product name that has a certain impact with others without authorization. , Packaging, Decoration, etc. The same or similar logos.
"Unauthorized use of Moutai has a certain influence and popularity packaging, or the same logo as similar to it constitutes unfair competition." Zhao occupied.
Zhongxin Jingwei called the director of Guizhou Moutai Corporation on this matter, and no one answered the phone. (For more report clues, please contact the author of this article Deng Yiruo: [email protected]) (Zhongxin Jingwei APP)
(The views in the article are for reference only, do not constitute investment suggestions, have risks in investment, and need to be cautious to enter the market.)
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