On October 20, a piece of news circulated on the Internet, sparking discussion. It turned out that Toutiao Company was suing a fried dough sticks shop in Zhengzhou City, Henan Province. After learning that the fried dough sticks shop was named Today The fried dough sticks quickly became popular on the Internet. The reason for its popularity is that the trademarks and advertisements are very similar to the Toutiao APP, and even the menu is similar to the Toutiao layout. While the fried dough stick shop expanded, it also caused brand losses to the Toutiao brand company. Pictures of breakfast shops seen on the Internet , both in terms of text and design, are similar to Toutiao. In trademark registration, as long as the products are not identical or similar, they can be applied for and it does not constitute an illegal act.
In my country’s trademark law, the use of a trademark name in different fields is not considered infringement, unless the trademark is a well-known trademark and is not subject to product category restrictions. However, if the trademark is used in bad faith or has similar products to other companies hour. The injured party can apply for the trademark. Trademark conflicts exist in every part of our country. We hope that our country can introduce corresponding laws and rules.
In an interview with the media, the founder of Jinri Youtiao said that he was a loyal user of Jinri Toutiao and liked its design, so he found someone to design it like this when he opened a Youtiao store. However, some enthusiastic netizens investigated Jinri Toutiao is not the only company that has discovered copycats of Jinri Youtiao Company. Among them, Kuaishou Company, Gree Company, and Pinduoduo Company are all copycat companies and have applied for the right to use trademarks. At present, the company has begun to recruit investors and has reached cooperative relationships with Meituan Waimai and CP Group. When Toutiao sued Today You Tiao this time, it not only created a good advertisement for Today You Tiao, but also made it a place for Internet celebrities to check in. The trademark dispute is just the tip of the iceberg. When some enthusiastic netizens used technical means to investigate, they found that Today's Youtiao Shop and Today's Toutiao are 98% similar.
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