Zhongyuan Petrochemical confronts Sinopec over framing; regulatory authorities should promptly take action to expose and severely punish the behaviors of Li Gui and others.

（Source: Legal Daily）

Reprinted from: Legal Daily

【#中园石化碰瓷中国石化当休矣##监管部门当及时亮剑严查严处李鬼行为#】They thought it was “Sinopec.” After fueling, they looked closely and found it was “Zhongyuan Petrochemical”! Over the past two days, the “Zhongyuan Petrochemical” gas station in Shijiazhuang, Hebei has sparked heated discussion. “Zhongyuan Petrochemical” and “Sinopec,” with such similar character shapes, the same red background with white lettering, and even the English letters (“SNOPEC”) missing only one “I”—no wonder netizens exclaimed: It looks way too similar! A careless mistake! Faced with allegations of “name-borrowing” and “riding on a well-known brand,” the gas station involved responded that it had completed industrial and commercial registration back in 2010, has a valid business license, and its name and logo are not intended to imitate. At present, the gas station has begun rectification and removal of the related wording, and the local market regulation authority has filed a case for investigation. If approval is granted, can it legally “catch a free ride”? From a legal perspective, administrative approval qualifications and trademark infringement are two different legal concepts. Lawyers point out that within the same retail service for finished petroleum products, the overall visual appearance and pronunciation of the two trademarks may cause consumer confusion, or be deemed trademark infringement. If there is subjective malicious intent to attach itself to another’s reputation, objectively it is sufficient to cause consumers to mistake one for the other and may disrupt market competition order; it may also constitute unfair competition, violating the Anti-Unfair Competition Law. Brand reputation is hard-won, and market order cannot be “passed off as the real thing.” Whether it is “Zhongyuan Petrochemical” or “Sinopec,” people must not be left unable to tell the difference. Regulatory authorities should take prompt action, thoroughly investigate and severely punish “counterfeit operators,” safeguard consumer fairness, and protect consumers’ rights and interests. Companies also need to understand: “riding on a well-known brand” won’t go far—operating legally is the real hard truth! (Text: Li Sitong; On camera: Zhang Siya; Video: Li Weiyi; Intern: Liu Qi)

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