The Case Study On "Ferrero"

Since the reform and open policy has been carried out for 30 years, China's socialist market economy has gradually matured, and the commodity economy also has made a quiet great progress. There emerges many well-known commodities, and it also makes our brand has strong competitiveness in the international arena. Competition is very common in the economic activity, which is the essential attribute of commodity economy. The proper and well-regulated competition will play a role like catalyst in the economic development. It requires that every competitor must be in the equal status, and comply with the basic law of fairness, honesty and credibility. But in practice, some competitors violate the principle of market competition, because of the huge economic benefits. The well-known commodity is the biggest victim of confusion act. Currently in China, the legal protection of well-known commodities is mainly embodied in the Anti-unfair Competition Law. But the rule is very broad, the regulations on details are not reflected well. Therefore, the research on the well-known commodity and legal protection has the important and practical value. In unfair competition, the most common infringement behavior is confusion act. This paper discusses a typical case of FERRERO v. MONTRESOR about unfair competition. In this case, confusion act expresses in the unauthorized packaging and upholstering of well-known commodity with the approximate characteristic.This paper has three parts:The first part is brief introduction of the case. It mainly introduces the background of the both parties, the results and basis of three-level trial.The second part is legal analysis, and it is also the key of this paper. It mainly discusses four elements of confusion act with well-known commodities; Such as what is well-known commodity and the judgement, the packaging of well-known commodity, the special geographical problems of upholstering, and the relationship of the marketing time and prior well-known.The third part is some ideas about how to affirm the infringement.