I believe many people will drink a cup of Chayanyuese milk tea when they go to Changsha, but there is also a local milk tea shop called Chayanguanse in Changsha. In fact, Cha Yan Yuese and Cha Yan Guan Se are both legitimately registered trademarks. In 2019, Chayan Guanse opened a store in Changsha, but Chayan Guanse registered its trademark earlier than Chayan Yuese. In April 2020, Cha Yan Yuese sued Cha Yan Yuese on the grounds that Cha Yan Guan Se had infringed its trademark rights, but the lawsuit was dismissed by the court. On January 4, 2021, Cha Yan Yuese sued Cha Yan Guan Se on the grounds of unfair competition. This case is still under trial.
According to the information published online, it can be seen that in December 2013, Cha Yan Yuese milk tea opened its first store in Changsha. Since 2013, Cha Yan Yuese has nearly 200 stores. In May 2015, Cha Yan Yuese opened a store in Changsha. Since the opening of Cha Yan Guan Se's store, Cha Yan Yuese and Cha Yan Guan Se have started a dispute over intellectual property rights and competition disputes.
According to the information published on China Trademark Online, the trademark of Cha Yan Yuese was registered on October 8, 2013, and the trademark of Cha Yan Yuese was registered on March 14, 2008. After successful registration, the trademark is valid from March 14, 2008 to March 11, 2028. After the trademark "Cha Yan Guan Se" changed hands, Guangzhou Luoqi Company finally obtained the right to use the trademark. Between 2017 and 2019, the company opened a number of Chayanguanse milk tea shops in Zhuzhou, Changsha, and authorized the milk tea shops to use the Chayanguanse trademark. In previous trademark infringement litigation cases, Luoqi Company believed that because the trademark of Chayan Guanse was registered earlier than that of Chayan Yuese, Chayan Yuese constituted trademark infringement. However, the Changsha City Court decided in 2028 A judgment was issued in April 2016: The judgment held that Cha Yan Yuese did not constitute trademark infringement. After Cha Yan Yuese won the lawsuit against trademark infringement, it countersued Cha Yan Guan Se for unfair competition. So, did Cha Yan Guan Se engage in unfair competition?
On January 4, 2021, the case of unfair competition sued by Chayan Yuese against Chayan Guanse was held in Changsha Court. Plaintiff Fang Chayue Guanse believes that as one of the more influential milk tea shops in the country, her business has always been very prosperous, so she has a high influence in the milk tea industry. are similar and therefore constitute unfair competition. However, Cha Yan Guan Se believes that his own milk tea shop does not use decoration similar to Cha Yan Yue's color. At the same time, there is a certain difference between the name itself and the color of tea.
The court has not yet given a result in the case of Chayanyuese suing Chayanguanse for unfair competition. If you netizens want to know the final results, I hope you will continue to pay attention to online reports.