Ocenid Fined 500,000 yuan For Infringing On Perfect Diary
- Chaileedo Press
- Jul 5, 2022
- 2 min read
Recently, Ocenid was fined 500,000 yuan for infringing on perfect diary lipstick, unauthorized use of the product name, packaging, design and identical or similar marking that affects the others to certain degree.CHAILEEDO's search suggests that there are still relevant infringing products on sales across e-commerce platforms.
Recently,CREDIT.GZ.GOV.CN announced an administrative punishment that Guangzhou Ocenid Cosmetics Co., Ltd (hereinafter referred to as "Ocenid ") for infringing the lipstick of Perfect Diary, was fined 500,000 yuan (about USD 74,600).
The administrative penalty decision disclose that Ocenid entrusted Guangzhou Gedi Cosmetics Co., Ltd. (hereinafter referred to as "Guangzhou Gedi ") to sign the Contract of Purchase, and commissioned it to produce" HOLDLIVE Waterdrop Stiletto Lipstick "in December 2020. By the time the case was filed, Ocenid has entrusted Guangzhou Godi to produce 120 thousand pieces of "HOLDLIVE Waterdrop Stiletto Lipstick", the production cost is USD 0.22 per piece, the contract value is USD 26.9 thousand, and the total value of the Ocenid distributors of "HOLDLIVE Waterdrop Stiletto Lipstick" is USD 125.4 thousand.
Upon investigation, Baiyun Administration for Market Regulation held that "HOLDLIVE Waterdrop Stiletto Lipstick" and "Perfect Diary Saturated Rouge Intense Velvet Slim Lipstick Velvet Matte Lip Makeup" bear a high degree of similarity in packaging and design, which might mislead consumers for some specific connection between the origin of the goods or think "HOLD LIVE Waterdrop Stiletto Lipstick" and the brand Perfect Diary.
Therefore, Baiyun Administration for Market Regulation decided that Ocenid's aforesaid acts were in violation of Article 6 of the Anti-Unfair Competition Law of the People's Republic of China- "The proprietor who uses the same or similar markings of the product name, packaging, design, etc without permission." which have a certain influence with others". As a result, Ocenid received a penalty of USD 74.6 thousand.
In fact, this is not the first infringement upon the"Perfect Diary Saturated Rouge Intense Velvet Slim Lipstick Velvet Matte Lip Makeup". In February 2022, Yatsenglobal, Ltd., Perfect Diary's parent company filed a lawsuit with the People's Court of Yiwu City, Zhejiang Province: NVNO's unauthorized use of its lipstick name and packaging design constitutes an unfair competition relationship. Finally, the court awarded the manufacturer Shantou Jiabao Cosmetics Co., Ltd. USD 29.9 thousand and the seller Yiwu Tianyu Cosmetics Co., Ltd. USD 9 thousand.
Perfect Diary has been an active part in right protection, for which Yatsenglobal, its parent company, has set up a special intellectual property task force responsible for intellectual property registration, layout and brand protection, and accumulated certain resources and reputation in the market. Whether from the existing case of local rights protection or the platform intellectual property protection mechanism, the effort, fund and human resources spent for right protection remain huge for the beauty brand.
In the beauty makeup industry, plagiarism and infringement have always been persistent problems. Once the infringement of cosmetics is involved, it will have a negative impact on consumers, beauty brands, and the cosmetics industry. This will not only seriously disrupt the market order, damage the legitimate interests of producers and consumers, but also reduce the willingness for brand innovation.
It is noteworthy that in recent years, the management of infringement is all getting tougher across policy regulation brands and platforms." Regulations for the Supervision and Administration of Cosmetics " explicitly stipulates to "mete out punishment to the exact people involved", serious offenders will face life imprisonment; And Tmall, JD.com and other e-commerce platforms, have been cracking down on counterfeiting and strengthening the platform's self-supervision, all of which are contributing to greater development for China's cosmetics industry.
Comments