Milk tea is the life-sustaining food for many young people now, and all kinds of milk tea in online celebrity are emerging one after another, with various brands, the most typical of which are Xicha, Modern China Tea Shop, Mi Xue Bing Cheng, Lujiao Lane and so on. But what we are going to talk about today is another online celebrity milk tea? A little milk tea.

because? Is it a little sweet? Shop signs, commodity packaging, decoration and other aspects of the use of and? A little? Similar logo,? A little? Will? Is it a little sweet? Operating company? Guangzhou Future Catering Management Service Co., Ltd. Future company? ) went to court, claiming that the company infringed trademark rights and unfair competition.

1、? A little? VS? Is it a little sweet? A little? Is it a little sweet? The names of two milk tea brands are so similar, are they from the same company? Actually, it is not.

Gengen Catering Management (Shanghai) Co., Ltd. (hereinafter referred to as? Rooting company? ) The legal representative is Building Deeper. How many companies does the company have? A little? Brand milk tea shop.

does rooting company discover future companies? Is it a little sweet? Shop signs, commodity packaging, decoration and other aspects of the use of and? A little? A similar logo brought the future company to court, claiming that the company infringed trademark rights and unfair competition.

Rooting Company filed a lawsuit with the Huangpu District People's Court in Guangzhou. The Huangpu District People's Court held that the future company's behavior infringed on the exclusive right to use the registered trademark of Rooting Company and constituted unfair competition, and sentenced the future company to compensation of 48, yuan. In the future, the company replied that its own company uses a blue label and a blue background, while the trademark of Rooting Company is a green yellow background, among which? Dot? The two words are completely different, and they do not constitute the same or similar.

Secondly, the alleged infringement logo is only used on the cups of the future company official website Chinese milk tea products, not used as the signboard of the milk tea shop, and does not appear in the physical store or any physical trademark, so it is considered impossible to constitute trademark infringement.

2. Future company appeals

Guangzhou Intellectual Property Court tried the appeal of future company according to law, and both parties had no objection to the facts ascertained by the court of first instance, which confirmed it.

Guangzhou Intellectual Property Court held that in this case, the use of logos in the shop signboards, commodity packaging, decoration and other aspects of the milk tea beverage shop operated by the future company infringed on its exclusive right to use the registered trademark involved, and the first instance found that the future company infringed on the exclusive right to use the registered trademark of Rooting Company, which was legal and reasonable, and confirmed it.

regarding the amount of compensation, the court of first instance decided that it was not improper for the company to compensate Rooting Company for 48, yuan (including economic losses and reasonable expenses) in the future and maintained it.

according to the trademark website, someone applied for registration as early as 1995? A little? Trademark, so far, A little? The related trademark * * * has been applied for registration for 13 times, including? A little? 、? A little yogurt cow? 、? A little oolong tea? 、? A little black tea? 、? A little green tea? Wait, but these are not what we call a little milk tea.

So when you finally get the 1: milk tea that you have been waiting in line for a long time, you may get fake milk.

3. what about online celebrity store? Counterfeiting?

For online celebrity restaurants, they are also supervised by the market supervision department. For general online celebrity restaurants, such as Lujiao Lane, Diandian, Xicha, Master Bao and other enterprises, market regulators can generally contact the trademark holders through internal systems, ask the trademark holders to issue a complete set of materials about the trademarks, and ask them to identify which ones belong to? Authorization? Store, so that you can simply identify the true and false, so as to be punished. ? Generally speaking, we think that the so-called fake online celebrity store has infringed the trademark right of the trademark holder, and we can start an investigation according to the regulations according to the application of the trademark holder, and punish the fake store according to the relevant laws and regulations on intellectual property rights. ?