As a competitor in the same industry, Luoqi Company, to which Chayan Guanse belongs, used store signs similar to Chayan Yuese in similar milk tea shops opened later, causing many consumers to mistakenly believe that "Tea Yan Guanse" is "Tea Yan Yuese", and based on this, a trademark infringement lawsuit was filed against "Tea Yan Yuese", which is obviously subjective and malicious and violates the principle of good faith.

Although Cha Yan Guan Se was first registered in March 2008 by Mr. Chai, a non-party outside the case, it went through several twists and turns. It was purchased and transferred by an intellectual property agency company in Beijing to another non-party, and then transferred again to Luoqi Company, Luoqi only obtained the registered trademark in August 2018, and only opened the first "Cha Yan Guan Se" milk tea shop in Changsha in May 2019;

On the other hand, Cha Yan Yuese, The work registration certificate of the National Copyright Administration states that the art works "Tea Color Joyful Text" and "Tea Color Joyful Graphic" were created by Lu Liang in 2013, and the registration date is May 2017.

"Tea's appearance is pleasing to the eye" sued "Tea's appearance is pleasing to the eye" and won the first instance

On April 26, the official public account of Changsha Tianxin District People's Court released "Tea's appearance is pleasing to the eye" The court’s first-instance judgment against the unfair competition infringement of “Cha Yan Guan Se”. The court ruled that the defendant "Cha Yan Guan Se" should stop advertising, franchise licensing, investment promotion, false propaganda and unfair competition nationwide with the same or similar decoration as "Cha Yan Yuese", and compensate "Cha Yan Yuese" The total economic losses and reasonable rights protection expenses amounted to 1.7 million yuan.

According to Chayanyuese, since 2017, Luoqi Company and Kaijun Shengpin Company*** have both used the same or similar logos as those of the plaintiff on their official websites and WeChat public accounts. Design, such as imitating the plaintiff’s drink menu, drink names, logos, cultural slogans, and store decoration designs for tea beverage advertising, and actively publicizing and promoting franchise licensing business to the outside world, conducting misleading and false publicity, constituting unfair competition infringement.

In addition, Luoqi Company and Kaijun Shengpin Company actually carried out franchise chain licensing business externally, and uniformly used the same or similar logos as the plaintiff's decoration, which together constituted unfair competition infringement. .