The defendant He Di Lao Restaurant argued that: first, the logo of the defendant He Di Lao Restaurant and the trademark of the plaintiff Haidilao Company are not similar trademarks. Similar trademarks refer to two trademarks that are similar in font, pinyin, meaning, color, composition or the overall structure of words and graphics, which can easily confuse consumers as to the source of the goods or services. Examine similar trademarks from the aspects of word trademarks, graphic trademarks, and the combination of sound, shape, and meaning. According to the complaint, the plaintiff Haidilao Company believes that the word "Hedi Lao" used by the defendant and Di Lao Restaurant infringes the exclusive right of the "Hai Di Lao" trademark.

1. Words and trademarks:

Whether words and trademarks are similar should be compared in terms of pronunciation, shape, meaning, etc. In this case, we believe that river and sea have different pronunciations and different shapes, and the plaintiff believes that there may be similarities in meaning. The similarities between oceans and rivers are the water, one is salt water and the other is fresh water.

2. ***The same thing is food and beverage:

In life, not only there is water in rivers, but also in lakes and rivers. According to the logic of the plaintiff Hai Dungeon Company, the name Youshui Jianghai infringes upon the plaintiff’s exclusive trademark rights. Regarding the so-called Haidilao, Haidilao infringed upon the plaintiff’s exclusive trademark rights. Judging from the services and catering products provided by both parties, the only thing they have in common is catering. Haidilao hot pot has a high social reputation. Anyone familiar with Haidilao hot pot knows that Haidilao is synonymous with Sichuan cuisine and hot pot. Hedilou Restaurant mainly deals in Hunan cuisine and river fresh food series. We have hot pot. Hot pot is not our main business. We mainly deal in Hunan cuisine. The two are very different in cuisine and service style. After hearing, the Changsha Tianxin District Court held that the plaintiff Haidilao Company proposed that the "Hedi Lao" logo used by the defendant and Di Lao Restaurant was similar to the approved and registered "Hai Di Lao" trademark.

3. Comprehensive appraisal:

According to Article 9, paragraph 2, of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Trademark Civil Disputes", Article 50 of the Trademark Law Paragraph 1 of Article 2 stipulates that trademark similarity means that the trademark accused of infringement is similar to the plaintiff’s registered trademark in terms of its font, pronunciation, meaning, composition, color or the overall structure of the combination of its elements, or its three-dimensional shape is similar to that of the plaintiff’s registered trademark. The similar color combinations can easily cause the relevant public to misunderstand the source of the goods or think that the source of the goods is goods that are specifically related to the plaintiff's registered trademark. Whether trademark words are similar or not generally requires a comprehensive appraisal based on pronunciation, form, meaning, etc.