165438+1October 4th, Tianyancha App showed that Sichuan Haidilao Catering Co., Ltd. recently added nearly 1000 pieces of trademark information, including "bottom fishing in the pond", "bottom fishing in the canal", "bottom fishing in Shanghai" and "seabed picking". The trademark is classified as restaurant accommodation, and the status is.
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Haidilao and "river bottom fishing" are in court.
Because of the trademark problem, Haidilao had previously gone to court with Hedilao, but it ended in failure.
On August 12 this year, the Tianxin District People's Court of Changsha announced a trademark infringement case. A Hunan restaurant in Changsha was sued by Haidilao for trademark infringement because of the words "River bottom fishing" on the signboard.
Haidilao believes that the logo of Haidilao Restaurant is similar to the Haidilao trademark approved and registered by the company, and the use of Haidilao Restaurant in its business premises is a typical trademark use behavior of hotel service industry, which constitutes the use of similar trademarks on the same service and infringes the exclusive right of the plaintiff Haidilao Company.
However, the Tianxin District Court of Changsha held that although both the logo and trademark of Haidilao have the word "Haidilao", the registered trademark of Haidilao is in a gorgeous font with founder, and the logo of Haidilao consists of artistic characters. The three water parts of the word "river" represent the artistic form of the river, and the dot is below the word "bottom".
In terms of pronunciation, there is no similarity between the word "He" and the word "Hai", whether read in Putonghua or in Hunan dialect. There are no similarities in composition, color, overall structure, three-dimensional modeling and TINT between the plaque of Hedi Old Restaurant and the plaque of Haidilao Hot Pot Restaurant. Therefore, the defendant Haidilao Restaurant does not constitute an infringement of the trademark right of the plaintiff Haidilao Company's registered trademark "Haidilao".
Zhongxin Jingwei-Haidilao applied for 1 77 trademarks within1day, including "fishing at the bottom of the pool", "fishing at the bottom of the sea" and "talking at the bottom of the sea".