Screenshot of the official Weibo of Modern China Tea Shop
In April, 2020, Cha Yan Guan Se sued Modern China Tea Shop for trademark infringement, but it was rejected by the court. According to media reports, on April 4th, 2002165438/KLOC-0, Modern China Tea Shop sued for unfair competition. At present, the case is still under trial.
Modern China Tea Shop said that when the company owner founded Modern China Tea Shop, he lacked copyright and trademark awareness. Later, with a little scale and thinking about strengthening the brand wall, I found that my trademark registration had loopholes and the foundation was not solid, but I was sued by the cottage brand.
"In response to the infringement of tea, we filed an anti-unfair competition lawsuit with the Tianxin District People's Court (Changsha City, Hunan Province). At present, the case of' Modern China Tea Shop counterclaims that tea is strictly watched' is still under trial. "
Modern China Tea Shop finally said, "We really want to sue them! We will also fight the infringement to the end! ! ! "
Modern China Tea Shop finally said, "We really want to sue them! We will also fight the infringement to the end! ! ! "
According to public information, the "Modern China Tea Shop" tea shop has nearly 200 branches since it opened its first store in Changsha on June 20 13. On May 20 19, a tea shop named "Strictly Observe the Color of Tea" opened in Changsha.
On May 20 19, "Cha Yan Guan Se" sued the Yuelu District People's Court for trademark infringement of "Modern China Tea Shop". On April 8, 2020, the Yuelu District People's Court rejected all the claims of "Tea Beauty Watch" in the first instance.
According to China Trademark Network, Hunan Chayue Catering Management Co., Ltd. registered the trademark of "Modern China Tea Shop" for the first time in 35, 43 and 30 categories of goods and services on 20 13/October 8.
On September 22, 2004, Chai Zejun applied for the trademark of "Tea Strictly Watching Color" in 43 categories of goods and services, and registered it on March 24, 2008. The trademark is valid from March 24, 2008 to March 3, 2028, and the approved goods/services include "teahouse" and "cafe".
In 20 18, the trademark changed hands several times, and Guangzhou Luo Qi Catering Management Co., Ltd. obtained the exclusive right to use the trademark.
From 20 17 to 20 19, Luo Qi Company successively opened several tea shops in Changsha, Zhuzhou and Xiangtan, and authorized the relevant tea shops to use the trademark "Tea Beauty".
In the trial, the Yuelu District People's Court held that there were two disputes between the original defendants, namely: whether the registered trademark "Modern China Tea Shop" infringed the trademark use right of the same registered trademark "Cha Yan Guan Se" in the course of use; Whether the acquisition and use of the registered trademark of "strictly observing the color of tea" violates the principle of good faith.
The court held that Luo Qi Company, as a competitor in the same industry, should know the popularity of "Modern China Tea Shop", but it still accepted the use of the registered trademark of "Cha Yan Guan Se" and filed a trademark infringement lawsuit against the registered trademark of "Modern China Tea Shop" as a right trademark, which had obvious subjective malice and violated the principle of good faith. Therefore, Luo Qi's claim should not be supported by the court.
Many netizens expressed their solidarity with the counterclaim of modern China tea shop in their comments, such as "supporting rights protection", "refueling" and "supporting", but some netizens were "ignorant" about the two brands. In addition, the search topic # Modern China Tea Shop counterclaims Yan Guan Se # shows a netizen's comment: "I am more curious about who copied the logo? In this way, the characters are similar. "