China-Singapore Jingwei Client, January 5th, China Judgment Documents Network showed that recently, Ele.me’s affiliated company Lazars Network Technology (Shanghai) Co., Ltd. sued Ele.me Catering Management (Beijing) Co., Ltd. The company (hereinafter referred to as "Ele.me Company") issued a first-instance verdict. The People's Court of Chaoyang District, Beijing sentenced Ele.me Company to immediately change its corporate name. After the change, the corporate name shall not contain the same or similar words as "Ele.me", and shall pay compensation. Ele.me Company 10,000 yuan.
The plaintiff Ele.me’s lawsuit pointed out that the company’s Ele.me? mobile application software was officially released as early as 2012. As the company’s market share and scale continue to expand, the influence of the company’s trademark has also is constantly increasing. The defendant, Ele.me Company, was established on December 23, 2016. After the company’s Ele.me series trademarks have been approved for registration and have gained high visibility and influence, they will be highly similar to the Ele.me trademarks. "Are you hungry?" was registered as a trade name with subjective ill will to cling to our company's goodwill. The defendant's corporate name has caused confusion among the relevant public, and its behavior constitutes unfair competition. Request a court to order the defendant to immediately stop unfair competition; to order the defendant to change the company name, and the changed company name and font size must not be the same as or similar to "Ele.me"; to order the defendant to compensate our company for economic losses of 39,427 yuan and attorney fees of 10,000 yuan , printing fee is 573 yuan, the above total is 50,000 yuan.
The defendant, Hungry? Company, argued that the company’s corporate name was approved and registered in accordance with the law, and our company did not actually operate after registration. The ?? of ?Are you hungry? has different pronunciation and different glyphs from the ?? of ?Are you hungry?, so they do not constitute similarity. Therefore, all the plaintiff’s claims are requested to be dismissed.
Tianyancha APP data shows that Hungry Me Catering Management (Beijing) Co., Ltd. was established in December 2016 with a registered capital of 10 million yuan. Its business scope includes the sale of primary edible agricultural products, handicrafts, daily necessities, and electronic products. , machinery and equipment; catering management (excluding catering services); ticketing agency; technology promotion, technical services; economic and trade consulting; hosting exhibitions and display activities; corporate management consulting; corporate planning, etc.
It is worth noting that in 2020, Hungry? Catering Management (Beijing) Co., Ltd. has frequently changed its name. On September 8, 2020, the company's name was changed to Hungry Bu Hungry Catering Management (Beijing) Co., Ltd.; on November 19, 2020, the company's name was changed to Beijing Yushan House Catering Kitchen Co., Ltd.
The court held that the plaintiff was the trademark owner of the series of registered trademarks involved and had the right to file this lawsuit against the alleged infringement. The defendant was established on December 23, 2016, and its business name has not changed. Therefore, this case should be governed by the current Trademark Law of the People’s Republic of China (hereinafter referred to as the Trademark Law) and the Trademark Law of the People’s Republic of China. shall be judged in accordance with the provisions of the Unfair Competition Law (hereinafter referred to as the Anti-Unfair Competition Law).