On April 26, @ Elephant’s official Weibo stated that the elephant filed a lawsuit with the Beijing Intellectual Property Court on Durex’s new condom 001 condom allegedly infringing on the original design patent of the elephant “butter box”. The court had already filed a lawsuit on April 21. Formally file a case. The reporter called Zhang Jie, director of the Elephant brand, to confirm the matter. According to Zhang Jie, Durex’s new product 001 condom launched in November 2020, its size, shape, and cover design are very similar to the “butter box” national original design patent obtained by Elephant in 2014 and still in use today, and may be copied. It is an early product design plan.
Elephant:

Hello, friends who follow and like elephants! Today is World Intellectual Property Day, and the elephant has taken this opportunity to say that we have been copied by Durex.
In addition, we have formally filed a lawsuit against Durex and Durex’s production suppliers, general distributors and offline distributors on April 21, 2021. At present, the Beijing Intellectual Property Court has formally accepted the case against the court.
Elephants have always paid attention to and respected their peers. However, we found that Durex’s new 001 condom size, shape, and cover design, which was launched in November 2020, are very similar to the original “butter box” national design patent obtained by Elephant in 2014 and is still in use today. Even the advertising image of the opening method used in the promotion of Durex’s product is almost exactly the same as the 7-year-old slogan “Open with one hand, positive and negative in seconds” (shown in Figures 1, 2 and 3 below). .
In further investigation, we found that the manufacturer that produced the new product 001 for Durex was an early partner of Elephant in 2017. Although it is no longer cooperating, the manufacturer has the early production machinery and part of the elephant butter box. technology. So we also understand why Durex’s new packaging box can be so similar to our butter box…
What is even more shocking and worrying for us is that the version of Durex’s new product 001 “borrowed” is most likely our early product design plan. We briefly went on the market that year and quickly withdrew this early product because we detected that this version of the product had a safety hazard in terms of sealing (but please rest assured that the version of the year also fully passed the industry standard regulations, and the upgraded version Elephant Butter Box has already met the industry standard requirements). Here, the elephant hopes that Durex will immediately stop plagiarism and immediately remove this product.
Since the establishment of the elephant brand in 2013, we have been devoting ourselves to designing a new sleeve packaging “butter box”. We have devoted a lot of effort to this design. It took us 18 months from scratch to basic product formation. After three large versions and countless iterations of small versions, a bare butter box weighs less than 1.5 grams. We have lost more than 6 tons of materials, and we continue to try and make more mistakes. Since the successful application of the national design patent in 2014, Elephant has continued to optimize and upgrade the details (this is why the Durex design in the comparison in Figure 2 below has obvious flaws, and the current version of the butter box design is shown in Figure 4 below), We don’t want to and can’t let our “children” be easily taken away!
On the occasion of World Intellectual Property Day, Daxiang, as a domestic brand, made a firm statement: We will never bow to plagiarism, and will carry out the rights protection to the end! Elephant firmly believes that, in the protection of intellectual property rights, every time a small confrontation with a huge voice will eventually converge into the resonance of the mountain whistling and the tsunami.
Elephant hereby promises that if we win the lawsuit, we will donate the full amount of financial compensation we received to the “Anti-plagiarism Fund.”

zhiwo

By zhiwo

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helpmekim
5 months ago

“Leizi, listen to your uncle’s advice, don’t apply what you shouldn’t use, plagiarism is very watery, you can’t grasp it, the things on outsourcing are all virtual, it doesn’t matter if you don’t plagiarize, let’s just You have to pay attention to safety issues down-to-earth…” “Leizi, you didn’t listen to a word of Uncle Xiang’s advice.” Hahaha, I can’t help being shrewd. Both of these are geniuses, Durex. All day long ghost copywriting, this “elephant” brand name is a ghost, you can consider making it into Crayon Shin-chan animation. It’s so funny. I was going to scold someone when I saw a set of questions recommended for me. Fortunately, I came in. Thank you for the sand sculpture question that made me feel a little better in the funeral this afternoon. Heal, hahahaha.

heloword
5 months ago

I never thought that I could still see the problem of tearing each other on Zhihu… I remember that when everyone was discussing “What should I do if I can’t go home during the Chinese New Year” at the beginning of the year, I once wittily recommended that you use them in case you want to. On it. Closer to home, purely from the comparisons given on the title, it is true that the two sides are relatively similar. Especially the kind of packaging that is similar to the coffee mate… You let me, a coffee drinker every day, see how embarrassing it is. Of course, with regard to the outcome of this incident, I am not a professional. But in any case, under the background that the new crown epidemic is raging around the world and China is playing the role of the world’s factory in all aspects, rather than torn apart everyone in the domestic war of words, it is better to think about how to take some cultural and creative roads and transform the brand. Fight out. Last year, I wrote a brain-hole article, which was accompanied by the occasion: Sanshu Kankan: There is only one condom distance between you and Ma Yun. Well, this is my original intention to answer this question.

helpyme
5 months ago

I just answered Okamoto’s question in the morning, and at noon came the elephant and Durex’s melon. Is this going to give me an in-depth evaluation? Are there any friends who are interested? There is a saying that the elephant was able to go from 0 to 1,000,000 at the beginning. The core of the product is that this one-handed design, which can be divided into two parts, is really convenient for us impatient people, and it is indeed in the experience of use. I made a significant improvement. I also switched to Elephant from Durex Okamoto because of this point. However, because the founder of Elephant cashed out in the past two years, the product details began to decline and gradually disappeared. As an industry leader, you should think about how you can do better, or if you want to copy it, start early. After so many years, it is not advanced to copy the design of competing products. This is to write a copy of the budget. Is it? After talking about the story of the elephant and Adu, I will bring the goods to Okamoto. Welcome everyone to write a user experience report after in-depth evaluation.

sina156
5 months ago

Elephants may gain support from public opinion; however, infringement lawsuits may not be won. According to the court’s acceptance notice, this is an appearance patent infringement case, so you have to follow the rules for determining appearance infringement. First of all, it must be compared with Elephant’s patents and Durex products. Instead of comparing elephant products with Durex products like the official Weibo of Elephant. Judging from the patent number on the press release, this is the appearance patent that the elephant took out. Secondly, the judgment of appearance patent infringement focuses on the principle of overall comparison. Therefore, the design features to be paid attention to include shapes and patterns; if the patent requires color protection, the color factor must also be considered; that is, the above-mentioned factors are added together to comprehensively judge the overall visual effect. Therefore, the elephant made another mistake. The design details and logo positions he listed had to be put later; the plagiarism evidence listed by his family was more like a routine to prove copyright infringement. Finally, the elephant’s patent involved in the lawsuit really requires color protection… Therefore, in terms of shape, pattern, and color, Durex 001 is actually only similar in shape to the appearance patent involved in the lawsuit. The patterns are not similar, one is the elephant logo, the other is 001; the color is also very different, one is bright green, the other is black. Therefore, from the overall sense, the two are probably dissimilar and will not cause consumer confusion. Therefore, I said that there is a high probability that you cannot win a lawsuit against Durex with the appearance patent. Of course, if it is really plagiarism, it can’t just be copied in vain. If the appearance patent is not easy, then switch to a weapon. For example, Elephant has also applied for a utility model patent for the butter box. If the Durex 001 packaging box structure is consistent with the elephant’s utility model patent, the infringement will be stabilized. Of course, the premise is that the elephant’s utility model patent will not be invalidated by Durex.

yahoo898
5 months ago

Isn’t the point of the design of this butter box?
No matter what the answer is, the condom is the same.
The design of the butter box is really easy to use, the black light is blind, and it is taken out with one hand, and it is lightly broken, and it is used when it is picked up. It is much more comfortable than the previous condom packaging.
If the butter box is indeed the patent of the elephant brand, then Durex is a complete plagiarism.
Why, foreign brand plagiarism is not plagiarism?

leexin
5 months ago

To be honest, when I saw the comparison chart, I wanted to support “Elephant”, but when the other party finally came up with an “appearance patent”, I couldn’t help but laugh. I would like to say something in advance to all rights defenders: Unless it is a complete copycat appearance, it is useless to take the “appearance patent” to protect the rights! As long as the other party makes a slight 20% change on the basis of your design, the appearance will be different and it is not an appearance infringement. “Appearance patents” cannot protect the remaining 80% of the rights. Any idea that can explain the “design principle” should apply for a “utility model” patent, not a “appearance” patent. The “appearance patent” only maintains the “appearance”, and only “utility models” and “inventions” maintain the “logic core”. So, the question is: Why does Elephant only apply for “appearance patents” instead of “utility model patents”? The reasons may be divided into the following situations. Let me first talk about the most “conspiracy theory” possibility-a small brand maliciously touches a large brand. That is to say: It is entirely possible that Durex has developed the style first abroad, but it is not clear about them. Are there any patents in the country. At this time, the elephant felt that the design was good and immediately rushed to register the “appearance patent.” Why is it a “appearance patent”? Because people in the industry do not know: the pass rate of appearance patents is 100%. 100%, it just doesn’t pass, understand? Because there is no substantive review of the appearance patent, it only needs to ensure that no one has applied for the same photo before, and it can pass. (Note: I mean “the same photo” is not the same physical object) Even if it is the same physical object, it has style 1 and style 2 (color 1 and color 2) that can be used to apply for different appearance patents. Some time ago, many e-commerce companies were disgusted by people who “maliciously register appearance patents.” The reason is that the original products they put on the shelves were directly stolen by others and applied for a design patent. As a result, the person with the patent rights in his hands forced the original merchants to remove the products from the shelves with the patents. You can also buy the patents from him if you don’t want to remove them. How easy is it to apply for an appearance patent? Four white background pictures (different angles) for 75 yuan to fill out a form and wait 4 months-no suspense ~ you don’t even need to write the description of the design. Therefore, there is a high probability that the “Elephant” will lose the lawsuit, and then sell a wave of misery, and reap a wave of sympathy-the popularity will be there! This is a low-cost way to increase popularity through the big brand of Porcelain~ The pass rate of appearance patents is 100%, but through judicial intervention, 50% are invalid. Therefore, when a company cries that it has been infringed and can only take out the appearance patent, you have to watch carefully. As long as the other party can produce substantive evidence to prove that it was produced earlier than the time you applied for, the lie will be self-defeating. Xia Bucai has been touched by the “malicious appearance patent”. I am familiar with this plot. However, it is also possible: the “elephant” is true and there is insufficient legal knowledge. Why do you say that? Domestic enterprises, especially small private enterprises, have a very indifferent awareness of intellectual property rights. Only in the past two years has there been a sprouting trend everywhere. But it’s just a “sprout.” Many companies actually don’t know that there is a “utility model patent” between the “appearance patent” and the “invention patent.” The “appearance patent” application is the simplest and has the shortest time period. But a “utility model patent” is much more difficult. It needs to write an explanatory essay and a statement of claim, and it will take 6-9 months. And the most important thing is that the official fee for “appearance” and “utility model” patents (before fee reduction) are both 600 yuan, while the official fee for “invention” patents is 900 yuan. This leads to the fact that the open and honest fee is 600 yuan plus a few hundred errand fees. Why do you think the “patent agency” does not choose a simple way? Some patent agencies are hacked: In order to make the most money with the most worry-free method, they not only do not tell you that the patent application fee can be reduced to 75 yuan (in fact, they will still ask you for a low-income certificate). Deliberately conceal the existence of the “utility model” patent form. This in disguise has led to ordinary people (small businesses) who don’t understand the Patent Law at all and finally spend the wrong money to apply for a “appearance patent” that is almost difficult to defend through litigation. When whip the corpse publicly, some black-hearted agencies are reluctant to explain the difference between “appearance patent” and “utility model patent”. I think “elephant” only has “appearance patent”? It turns out that I made a mistake and deliberately checked it on the Internet, and found that the elephant actually has a “utility model patent”? Then why do you want to be farther away? Because of the high probability, if these two patents are touched against porcelain, these two patents will not be able to keep…Because they are too similar to the “coffee milk ball packaging”, and the homogeneous products have been sold on the market before the patents, It will also invalidate the latter’s patent directly through a court decision. How serious are the consequences of neutralization? I am afraid that through your wave of publicity, all colleagues have used this kind of packaging~ so the elephant dare not take it out. It seems that the “serial series” has been premeditated~

greatword
5 months ago

Let me talk about patents and plagiarism through this issue. Intellectual property rights. In this era, patents should go deep into everyone’s heart. Every industry should respect the patented products of other industries. Every company should respect the labor achievements of other companies! Now there are too many products that will follow the trend infinitely once they make some achievements. Products that imitate not only imitate the appearance, but also plagiarize the advertising words, content, and even patents, and then use their own brand advantages to pick peaches and directly embezzle them. As consumers, the achievements of others should also maintain patents and safeguard the achievements of enterprises, so that more innovative products will appear.

loveyou
5 months ago

Seeing the all-handed one-handed opening, I would like to ask if such a one-handed “opening” is really comfortable? I believe that more people should use [hands] to tear it apart. Pros and cons are actually nothing unusual, but SIKI’s privately stimulated national patent shell box technology (utility model patent number: ZL201820928247.3) is the real one-handed opening in seconds! It’s not that I’m saying, you have to use one hand, not both hands~ When we wanted to enter the sleeve market, we deliberately ran to many companies and factories that made sleeves, just to develop safer and more convenient sleeve packaging. I believe that everyone has experienced the “can’t tear” situation when the double-sided aluminum film is torn, because it is too difficult to tear, and often the opening is only opened a little bit, and you can only tear it at another angle. If it is torn in the middle and one is too hard, the sleeve will fall out, making it easy to get dirty. And the problem with the double-sided aluminum film is that you can’t distinguish between the positives and the negatives. You have to watch it under the light for a while. Not only is it a waste of time, but if you wear it backwards, it will be disastrous. Also, the double-sided aluminum film also has a safety hazard. I don’t know you. Have you noticed that after the double-sided aluminum film is torn, the tear opening is very uneven. Although the sleeve is very elastic, the sleeve is the same as the stockings and cannot be “harmed” at all, otherwise, it will be pulled and pulled. , It broke. Although the butter box is much more convenient than the double-sided aluminum film, it is open to face up. But isn’t the tearing process of the butter box the same as the tearing process of Sozhilang jelly? Why is jelly so hard to tear? It is to prevent contamination from leaks. If the heat seal is not tight, the sleeve may be contaminated. The heat-sealing is too tight, every time you open the sleeve, it’s very laborious. It’s still horrible~ But the shell box is different. The shell box uses the medical-grade “spot sealing technology” to improve the sealing performance, while focusing on the “box body splitting” technology. , And smoothly realize quick opening with one hand. Not only does it take into account the safety and convenience of the packaging, it also allows consumers to take out the sleeve with only one press, and distinguish between the positive and the negative, realizing the real “one-handed second opening, no spring night”~

strongman
5 months ago

No matter how good the design is, it won’t work if you don’t choose the style that suits your own. Condoms also differ in size and model, not all sizes are uniform. Generally speaking, there is no very specific standard for the specifications of condoms. They are usually divided into three sizes: large, medium and small. Large standard width is 55mm, diameter 35mm, medium standard width is 52mm, diameter 33mm, and small standard width. 49mm, 31mm in diameter. So choose according to personal needs, too large will easily fall off, too small will cause various discomforts. ​General physical stores, such as supermarkets, sell generic 52mm products. Those who need a small or large size generally need to be purchased online. The actual test is 52 mm, and it is really difficult to set Bo Q later. It’s easier to wear when it’s soft, yeah, it’s a little bit. 56 can also be improvised, barely suitable, I wonder if only the Superman (set) is just right. If you ask a man about his C, his answer is usually a few centimeters. In other words, he measures the width directly above, but it cannot be completely understood as the diameter. Why? Because it is impossible for him to grow a cylinder. It can be understood as an oval-like shape. It’s a bit similar to the middle school playground, except that the two sides are not so prominent. The runway in the playground is straight out, and the two sides are slightly protruding. Most men’s cu is between 3-4, and those with a medium size of 52㎜ above 4 are starting to struggle a bit, so if someone asks your C, he will say more than 4 o’clock. In fact, at this time, someone will It is understood to be relatively thin, because she thinks it is much smaller than 52㎜. In fact, this 52MM is the width, which can also be called the width. The 52mm sleeve, according to the data provided on the Internet, is actually a 33mm diameter sleeve. If someone understands that something above five o’clock is a big one, um, then there is basically nothing to wear. 55㎜ is the width and the diameter is 35㎜. Don’t think that someone will tell you that his is about 5:5. That is basically not human.

stockin
5 months ago

While Dudu copied the elephant butter box, it might not know that there is a product that is more convenient, faster and safer than the butter box. That is the brand I have been using, siki and siki have been using shell boxes since the beginning. , No need to tear, just push with one hand to open the box, with a crisp click, which makes people feel happy. I’ve used it all.

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