The encyclopedia · Advertising & PR · Marketing decision · 2021
Kahanbach's 'thank-you' ad accused Supor of copying its pan patent
Kahanbach's ad and press conference accused Supor of infringing its honeycomb pan patent; a court found it defamatory and forced a public apology.
Kahanbach (康巴赫) · 2021-06
What happened
On 21 October 2019 cookware maker Kahanbach (康巴赫) took out a full page of 羊城晚报 styled as a 'thank-you letter': 'Supor, thank you — were it not for your imitation, no one would know that I am the original inventor of the honeycomb non-stick pan.' A QR code led to a statement from 浙江巴赫厨具有限公司 accusing Supor of 'stealing' its honeycomb non-stick patent and selling infringing products.
Two days later Kahanbach held a press conference at the Guangzhou Shangri-La repeating that Supor's product was 'suspected of serious infringement', and it sued Supor for patent infringement seeking ¥10 billion (一百亿元). Supor countersued for commercial defamation. The patent at issue, ZL 2013 10089292.6, was a method patent for the etched honeycomb pan.
The court found Kahanbach published the claims with no evidence that any court or authority had established Supor's infringement. On 2 June 2021 the Zhejiang High People's Court's final ruling held the commercial defamation was established: Kahanbach must stop, delete the posts, publish a public apology in print and online within 15 days, and pay Supor ¥3,000,000. Its own ¥10-billion infringement claim was rejected.
Why it happened
- A brand turned a patent grievance into a public lynching of a rival before any court had backed its claim
- The 'thank-you' ad mocked Supor as a copycat while Kahanbach held no judgment saying so
- The ¥10-billion demand set the stage for a verdict that cost ¥3m and a public apology instead
The lesson
Naming a competitor a thief in a paid ad is a bet the evidence has to win. Kahanbach wagered ¥10-billion of outrage on a patent no court had ruled on, and the verdict cost it ¥3m and a forced apology.
Aftermath
The Zhejiang High Court's 2 June 2021 final ruling held Kahanbach liable for commercial defamation: ¥3,000,000 in damages, a public apology in print and online within 15 days, and a stop-and-delete order on the disputed claims.
Sources
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