The Prosecution Administration requests
for legal opinions about whether "Lung Sheng Frozen Food Co., Ltd." is a
well-know corporate name to the related public
Chinese Taipei
Case:
The Prosecution Administration requests for legal opinions about
whether "Lung Sheng Frozen Food Co., Ltd." is a well-know corporate name to the
related public
Key Words:
well known, the related public, corporate name
Reference:
The Fair Trade Commission Decision of November 5, 1997 (the 314th
Commission Meeting)
Industry:
Frozen Food Manufacturing Industry (1132)
Relevant Laws:
Article 20 of the Fair Trade Law
Summary:
- A corporate name represents the business subject, which provides
products or services. Therefore, whether a corporate name is well known to the related
public means whether or not the business subject is famous. This shall be determined by
the performance of its products in the market, i.e., the corporation's sales volume or its
market share.
- Lung Sheng Frozen Food Co., Ltd. (Lung Sheng) produces and sells Tou
Chu (a kind of frozen fish starch made of pounded fish meat) to wholesalers who, rather
than the general retailers or consumers should be the "related public" in this
case. In accordance with common business practices, Lung Sheng does not need to promote
itself by advertising in the retail or general consumer market. As a result, the volume
and expenditure in advertising made by Lung Sheng shall not be the focus of evaluation in
this case, but rather the market share of its particular product shall be the main
evaluation criterion for judging whether Lung Sheng is well known to the related public.
- According to the Industry Information System of the Fair Trade
Commission, the total sales value of Lung Sheng's frozen fish starch products in 1996 was
NT$45,360,000, ranking the fourth in the market of frozen fish starch in terms of the
total sale value, which shows that it has required powerful market position. Moreover, its
clients includes as many as 23 wholesalers located throughout Chinese Taipei from Keelung,
Taipei, Ilan, Taichung, Tainan to Kaohsiung, Fengshan and Pingtung. Therefore, it should
be concluded to the extent that Lung Sheng is well known to the related public in the
market of frozen fish starch products.
Summarized by Li, Wen-hsiu
Supervised by Wu, Tin-hung
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