Mixue Bingcheng sued Mixue Time for trademark infringement, but was rejected by the relevant departments. After this incident appeared, it immediately aroused heated discussion on the Internet. Many people were discussing whether Mixue Time was really infringing the copyright, or whether Mixue Bingcheng was using it as an excuse to suppress small shops. To understand this, we must understand several details of the case.
From a personal point of view, there are three points of information worth paying attention to. One is the reason for the lawsuit by Mixue Bingcheng, the other is whether Mixue Time has violated the law, and the third is the reason why the court dismissed the lawsuit. Only by understanding these three things can we have a clear judgment on the entire case. 1. The reason why Mixue Bingcheng sued
Although online news clearly stated that Mixue Bingcheng’s reason for suing was trademark infringement, this statement is not accurate. Haidilao also sued Hedilao. At first, everyone thought that the latter was gaining popularity, but later it was discovered that the two were just similar in name, with completely different business scope, trademarks, and decoration styles. This is tantamount to Haidilao suppressing small shops, and there is no infringement.
Mixue Bingcheng is different. According to the court’s ruling, the reason for the prosecution is that Mixue Time is suspected of free riding in many aspects such as decoration style, trademarks, and related menus. This also means that the latter may have deliberately touched porcelain. In addition, there is another key piece of information here, that is, the trademark applied for by Michelle Time has been rejected, but the store is still continuing to use it. 2. Whether Mixue Time has committed any illegal acts
Whether the trademark, packaging, menu, decoration style, etc. are plagiarized needs to be determined by the court and relevant departments. It is difficult for us to draw conclusions. Only after the judgment is made, can we know whether Mixue Time has committed any illegal acts in terms of infringement. However, there is another thing to note here, and that is whether they still have the right to continue to use the trademark applied for by "Mixue Time" after it is rejected.
Under certain circumstances, original trademarks can continue to be used, but they must comply with relevant regulations. This depends on the reason for the trademark rejection. If it is similar or suspected of plagiarism, it must not be used. 3. Reasons for the court’s rejection
Many people may subconsciously feel that the two trademarks are not similar after hearing the news of the court’s rejection, and there is no infringement by Mixue Time. In fact, this is a misunderstanding. The court rejected the case not because the latter had no infringement, but because the case did not belong to a civil lawsuit and should be submitted to other departments for judgment.
From this perspective, the possibility of infringement of the Mixue Time trademark is very high. The next step will be to see the results of Mixue Bingcheng's submission to the relevant administrative departments. If it is true as stated in the reason for prosecution, Mixue Time will definitely be punished as it deserves.