Because? Is it a little sweet? The use of shop signs, commodity packaging, decoration, etc. A little? Similar to logo, A little? Will. Is it a little sweet? Guangzhou Future Catering Management Service Co., Ltd. Future company? ) went to court, claiming that the company infringed trademark rights and unfair competition.
1、? A little? VS？ Is it a little sweet?
Is it sweet bit by bit? The names of two milk tea brands are so similar. Are they from the same company? Actually, it is not.
Rooting Catering Management (Shanghai) Co., Ltd. (hereinafter referred to as? Rooting company? ) The legal representative is under construction. How many companies are there in the company? A little? Brand milk tea shop.
Rooted company discovers future company? Is it a little sweet? The use of shop signs, commodity packaging, decoration, etc. A little? Similar signs will bring the future company to court, saying that the company has infringed trademark rights and unfair competition.
Rooting Company brought a lawsuit to Huangpu District People's Court in Guangzhou. The Huangpu District People's Court held that the future company's behavior violated the exclusive right to use the registered trademark of Rooting Company and constituted unfair competition, and sentenced the future company to compensate 480,000 yuan. In the future, the company will reply to its own company with a blue label and a blue background, while the trademark of Rooting Company is a green and yellow background, among which? Dot？ These two words are completely different, they do not constitute the same or similar.
Secondly, the trademark sued for infringement is only used on the cups of Chinese milk tea products of the future company official website, and is not used as the signboard of the milk tea shop. It does not appear in a physical store or any physical trademark, and it is considered impossible to constitute trademark infringement.
The company will appeal in the future.
Guangzhou Intellectual Property Court tried the appeal of the future company according to law, and both parties had no objection to the facts ascertained by the court of first instance and confirmed them.
Guangzhou Intellectual Property Court held that, in this case, Future Company infringed upon the exclusive right to use the registered trademark involved in its milk tea beverage shop in terms of logo, commodity packaging and decoration. The first instance found that Future Company infringed upon the exclusive right to use the registered trademark of Rooting Company, which was legal and reasonable, and confirmed it.
As for the amount of compensation, the court of first instance ruled that it was not improper for the company to compensate Rooting Company for 480,000 yuan (including economic losses and reasonable expenses) in the future and maintained it.
The trademark website shows that someone applied for registration as early as 1995? A little? Trademarks, so far, a little? The related trademark * * * has been applied for registration 130 times, of which? A little? 、? A little yogurt cow? 、? A little oolong tea? 、? A little black tea 、? A little green tea? Wait, but these are not what we call a little milk tea.
So when you finally get the 1 fen milk tea that has been waiting in line for a long time, you may get fake milk.
3. What about online celebrity shops? Fake?
As far as online celebrity restaurants are concerned, they are also supervised by the market supervision department. For general online celebrity restaurants, such as Lujiao Lane, 1 Diandian, Xicha, Master Bao and other enterprises, market regulators can generally contact trademark holders through internal systems and ask them to issue a complete set of materials about trademarks, asking them to identify which ones belong to? Authorization? Storage, so that you can simply distinguish between true and false, and thus be punished. ? Generally speaking, we believe that the so-called fake online celebrity shops have infringed the trademark rights of trademark owners, and we can start an investigation according to the requirements according to the application of trademark owners, and punish the fake shops according to the relevant laws and regulations on intellectual property rights. ?