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[案例]G有限公司生产的“××春”酒曾多次被评为全国、省市优质产品,“××春”也被认定为省著名商标。当事人A公司为了仿冒“××春”酒,便将“××春”的“春”字改为近乎雷同的“舂”字,同时将产品的包装、装潢制作得与“××春”酒相近,让消费者在购买时很容易将二者混淆。当事人A公司的行为,既涉嫌构成商标侵权行为,又涉嫌构成不正当竞争行为,究竟是适用《商标法》、《商标法实施条例》还是《反不正当竞争法》,
[Case] G Co., Ltd. produced “× × Spring” wine has repeatedly been rated as national, provincial and municipal quality products, “× × Spring” has also been identified as the province’s famous trademark. Party A, in order to counterfeit “xxchunchun” wine, changed the word “spring” of “xxchunchun” into a character similar to that of “xuanchun” and at the same time changed the packaging and decoration of the product And “× × spring ” wine is similar, so that consumers can easily be confused when the purchase. The conduct of the Company A of a party not only constitutes a trademark infringement but also constitutes an unfair competition act, whether it is the application of the Trademark Law, the Regulations for the Implementation of the Trademark Law or the Anti-Unfair Competition Law,