The registered trademark of "Typhoon Shelter" at the end of 20th century.
On June 1999, Shanghai Typhoon Shelter Food Co., Ltd. considered that it was an infringement for an enterprise to publicly produce shop signs, supplies and advertisements under the name of Typhoon Shelter, and requested Changning District Administration for Industry and Commerce to investigate and deal with an enterprise. At the same time, the company also authorized lawyers to issue a "solemn statement", claiming that they have the service trademark of "typhoon shelter" and the exclusive right to use the word "typhoon shelter" according to law, and should be investigated for other legal responsibilities for unauthorized use of the word "typhoon shelter".
This statement really scared the bosses of "typhoon shelter flavor cuisine". When did flavor cuisine become the exclusive name of the enterprise? Why is the characteristic flavor that is popular all over the world also infringing?
On August 3rd of the same year, Shanghai Zhujiazhuang Food Co., Ltd. and Shanghai Yinhe Chaogang Chaocai Restaurant jointly submitted an application to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. They applied for a ruling to register the "Typhoon Shelter BFT" as a trademark of seafood stalls in Wuhou District, Chengdu, and allowed Shanghai Typhoon Shelter Food Co., Ltd. to use it.
At the end of 2000- 19, the Trademark Review and Adjudication Board, after strict examination and trial, decided that "typhoon shelter" was not an original word, but a conventional term in the catering industry. Registration as a trademark violates the Trademark Law and the Trademark Review and Adjudication Rules, and violates the principles of good faith and fair competition. In the final analysis, it is also the true nature of a "typhoon shelter"-a paradise for legal operation and fair competition in the catering industry, rather than a territory monopolized by speculators.
The story of the typhoon shelter
What exactly is a typhoon shelter? Why is it popular all over the world?
Every year from June to September, typhoons hit Hong Kong. In order to prevent ships entering and leaving Hong Kong from being attacked by typhoons, the Hong Kong government built a typhoon shelter in Victoria Harbour on 1862. In addition to berthing 50 giant ships there, many small ships will also come here to avoid typhoons. * * * There are 1 1 typhoon shelters, the largest of which is Causeway Bay, which is called typhoon shelter by local people.
Since the 1960s, due to environmental pollution, it is difficult for fishermen who make a living by fishing in the coastal areas of Hong Kong to fish in the waters near Hong Kong, and it is difficult to make a living by fishing alone. Fishermen who have made the sea their home for generations are reluctant to leave the sea. In contrast, the bustling Causeway Bay has gradually become the most prosperous consumer and entertainment area in Hong Kong.
Some fishermen set their eyes on Causeway Bay and began to sail to Causeway Bay, set up a stove and manage special food with fishermen's unique cooking methods. For example: seafood, porridge, noodles, etc. The most famous ones are "Fried Crab with Pepper in Typhoon Shelter", "Shrimp in Typhoon Shelter" and "Fried Noodles in Typhoon Shelter".
Every night arrival, colorful fishing boats dock on the shore in droves, people enjoy food and performances in rowing boats, and a scene of singing and dancing has gradually formed a "water market".
Since 1980s, "typhoon shelter" has been brought ashore with its special flavor. Since then, Japanese, Singaporean, American, Chinese mainland and Taiwan Province provinces have quietly set up "typhoon shelters", and some cities have introduced "typhoon shelters" into star-rated hotels.
At the beginning of the new century, the "typhoon shelter" opened the battlefield again.
Since 200 1, the media articles about "typhoon shelter" have proliferated. I don't know whether the reporters don't know the reason for the registered trademark case of typhoon shelters at the end of last century, or whether they are deeply influenced by some typhoon shelters, or even talk about "authentic" typhoon shelters. Some media even said that "there are only six typhoon shelters in Shanghai". For a time, unknown people were at a loss: "The signboard of' typhoon shelter' can be seen everywhere. Which one is authentic? " "Is the typhoon shelter a restaurant or a bathing place?" "Who infringed?"
On July 26th, 2002, Shanghai Typhoon Shelter Food Co., Ltd. brought Shanghai Tung Chung Wharf Catering Co., Ltd. to court.
Shanghai Typhoon Shelter Food Co., Ltd. said that it was legally registered on September 5, 1998, and has been providing catering services to the society in the name of "Shanghai Typhoon Shelter Food Co., Ltd.". Because of their advertisements, the name and brand image of "typhoon shelter" have been strengthened, and "typhoon shelter" has become a well-known service name in Shanghai catering industry.
They think that Tung Chung Pier is also a catering service industry. In the shops of Huaihai Road and Fenyang Road in prosperous areas, the words "typhoon shelter" are used as signboards, dining tables and advertisements without authorization, which has caused confusion among consumers and infringed on their unique service name and enterprise name right. Tung Chung Wharf Company is required to immediately stop using the word "typhoon shelter" and compensate the economic loss of 500,000 yuan.
"Tung Chung Pier" shouted injustice.
Upon receiving the complaint, Ms. Wang, the general manager of Tung Chung Wharf, was puzzled: "My father-in-law fought in Causeway Bay, and he can talk about the origin of typhoon shelters for days and nights; My husband also grew up there, and typhoon shelters have spread all over the world. How can it be said that it is unique to his company? "
Entrusted by Tung Chung Wharf, Avenue Law Firm found that the words "Typhoon Shelter at Tung Chung Wharf" and "Typhoon Shelter Cuisine" were indeed printed on the facade signs and outdoor advertisements of Tung Chung Wharf, and the slogan "Go into Fisherman's Causeway Bay and enjoy the original typhoon shelter" was also printed at the bottom of the menu. However, they also learned about the registered trademark of the typhoon shelter and decided that the typhoon shelter could not be owned by one enterprise.
Court battle: typhoon shelters belong to people all over the world
During the court session, Shanghai Typhoon Shelter Food Co., Ltd. and Tung Chung Wharf Catering Co., Ltd. had a heated debate.
Business license, capital verification report and Hongkou District Commercial Committee report issued by Shanghai Typhoon Shelter Food Co., Ltd., which prove that the company's name is typhoon shelter and it enjoys legal rights to the name of typhoon shelter. In addition, they also issued the Notice of Approval for Change of Enterprise Name, on-site inspection records, photos, invoices, etc. about Tung Chung Wharf Catering Co., Ltd., which proved that the infringement of Tung Chung Wharf was enough to cause misunderstanding among consumers.
Tung Chung Wharf Catering Co., Ltd. stressed that they did not simply use "typhoon shelter", and the words "typhoon shelter" were all associated with "cooking". Whether it is the evolution of typhoon shelter, the clarification of typhoon shelter trademark cases, the publicity of typhoon shelter around the world, or the information of industrial and commercial registration in Hong Kong, it is enough to prove that typhoon shelter is not the original creation of typhoon shelter company.
The judge unveiled the typhoon shelter
After half a year's investigation and trial, the court finally decided that the word "typhoon shelter" was only used to introduce the characteristics of catering services, but not used for the name of the enterprise. In the long-term continuous development of business activities, it has gradually become the name of a special flavor dish and a catering management mode generally accepted by consumers. "Typhoon Shelter" cannot be the exclusive service name of a company. Therefore, the use of the word "typhoon shelter" for advertising at Tung Chung Wharf does not violate the provisions of the Anti-Unfair Competition Law and will not cause consumers to misunderstand and confuse the enterprise. The lawsuit of Shanghai Typhoon Shelter Food Co., Ltd. lacks legal basis.
The lawsuit is not over yet.
Although the lawsuit was won, it did not dispel people's doubts: all the lawsuits about "typhoon shelter" ended in the plaintiff's failure, so why would anyone sue? Is the law unfair?
Miss Wang told reporters that Tung Chung Wharf has not been affected for half a year since the lawsuit, but business is booming. She believes that as long as your store has its own characteristics, it will certainly attract customers. However, her heart is also angry: "For this inexplicable lawsuit, all the staff and I have suffered great mental damage, and the energy, material resources and manpower spent are incalculable. Since in 2000, the relevant departments decided that the typhoon shelter could not be registered as a trademark, why did the other party bring a lawsuit against me? The typhoon shelter belongs to everyone. " Good luck! !