Recently, the circle of friends has been bombed by the "sauce-flavored latte", and the picture style of everyone is also very unified. They all have a maotai latte in one hand. Seeing this situation, I also rushed to taste a fresh one and bought a Maotai latte. The price is 19.8, which is not expensive to tell the truth, but it is still twice as expensive as the previous 9.9.
Also, I have to say here that the taste is really average. However, as the saying goes, when something is extremely popular, it will inevitably bring a lot of questions. However, the question about "Maotai-flavor latte" is not the quality of the product itself, but whether it is illegal to add Maotai to coffee.
From the analysis of the provisions of the Property Law in the Civil Code, we can draw the conclusion that simply adding Maotai to coffee is legal and cannot be used as a gimmick. Because after Maotai is purchased, the buyer obtains the property right of the goods and can decide how to use Moutai, and other people or groups have no right to interfere.
But if the trademark of the other party is infringed, that is another matter. Previously, two companies in Wuxi, Jiangsu Province were punished for publicly selling "Maotai Coffee" and "Maotai Latte" in their business premises. After the party's infringement is discovered, it is considered as infringement of the exclusive right to use a registered trademark, and it is subordinate to being punished because it cannot provide the relevant trademark authorization.
Article 6 of the Anti-Unfair Competition Law of People's Republic of China (PRC) stipulates that business operators shall not commit the following confusing acts, which may make people think that they are the goods of others or have specific connections with others:
"(a) unauthorized use of the name, packaging, decoration and other identical or similar signs that have a certain influence on others;
(2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others;
(three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others;
(four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others. "
According to the regulations, it is reasonable for the above two companies to be punished. They used the commodity names of Maotai enterprises without authorization and made profits from them. It is understandable that you want to make money by opening a business, but you must be within the scope permitted by law, and you must not infringe on the interests of other enterprises or make false propaganda.
Therefore, whether it is illegal to add Maotai to coffee ultimately depends on whether the parties use the Maotai trademark or promote it without authorization.