Recently, a tea shop named "Britney Spears" appeared in the market. Is this a sub-brand of Xiaotian?
A little bit VS a little bit sweet or not
A little milk tea, as a kind of milk tea among network celebrities, is deeply loved by milk tea lovers, with high popularity and a large number of consumer groups. Its operating company is Gengen Catering Management (Shanghai) Co., Ltd. (Gengen Company), which was established on August 25th, 201year, and its legal representative is Lou Shen. The company has opened several "Xiaoxiao" brand milk tea shops.
The name "a little sweet or not" is too similar to the name "a little sweet". Is it "kinship"?
However, this is not the case. The operating company of "a little bit sweet or not" is Guangzhou Future Catering Management Service Co., Ltd. (Future Company), which is in competition with "a little bit".
In 20 17, Rooting Company found that the signs, packaging and decoration of Xiaotian's stores in the future used logos similar to Xiaotian's, so Rooting Company sued the future company on the grounds of trademark infringement and unfair competition.
Rooting Company brought a lawsuit to Huangpu District People's Court in Guangzhou. After hearing the case, the Huangpu District People's Court held that the future company's behavior violated the exclusive right to use the registered trademark of Rooting Company and constituted unfair competition, and sentenced the future company to compensate 480,000 yuan.
In the future, the company replied that its own company used a blue label and a blue background, while the trademark of Rooting Company was a green and yellow background, in which the word "Diandian" was completely different, and the two did not constitute the same or similar. Secondly, the trademark sued for infringement is only used on the cups of Chinese milk tea products of the future company official website, and is not used as the signboard of the milk tea shop. It does not appear in a physical store or any physical trademark, and it is considered impossible to constitute trademark infringement.
So the company will appeal in the future. In the face of the company's appeal in the future, Guangzhou Intellectual Property Court tried the case according to law, and found that both parties had no objection to the facts identified by the court of first instance and confirmed them.
Guangzhou Intellectual Property Court held that, in this case, Future Company infringed upon the exclusive right to use the registered trademark involved in its milk tea beverage shop in terms of logo, commodity packaging and decoration. The first instance found that Future Company infringed upon the exclusive right to use the registered trademark of Rooting Company, which was legal and reasonable, and confirmed it.
As for the amount of compensation, the court of first instance ruled that it was not improper for the company to compensate Rooting Company for 480,000 yuan (including economic losses and reasonable expenses) in the future and maintained it.
According to the query of China Trademark Network, the trademark about "Little Bit" was registered as early as 1995, and there are altogether 1 74 trademarks about "Little Bit" and "1Little Bit" so far. Lou Shen applied for the trademark12 "1dot", covering categories of 16, 17, 18, 2 1, 25, 29, 30, 32 and 35.
However, according to the inquiry, there are many similar trademarks, such as a little yogurt cow, a little oolong tea, a little black tea and a little green tea. So when you finally get the 1 fen milk tea that has been waiting in line for a long time, you may get fake milk.
How to "fake" online celebrity shops?
As far as online celebrity restaurants are concerned, they are also supervised by the market supervision department. For general restaurants among network celebrities, such as Lujiao Lane, 1 Diandian, Xicha, Master Bao and other enterprises, market regulators can generally contact trademark holders through internal systems, ask trademark holders to issue a set of materials about the trademark, and ask them to identify which shops are "authorized", so that they can simply identify the authenticity and punish them.
The so-called "fake online celebrity shop" is generally considered to infringe the trademark rights of trademark holders. According to the application of the trademark owner, it can be investigated and dealt with in accordance with the regulations, and the cottage store will be punished in accordance with relevant intellectual property laws and regulations.