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Cha Yanyuese countersued Chayan Guanse. What was the reason for the lawsuit?

Chayanyuese sued Chayanguanse for unfair competition. After "Chayanyuese" won the lawsuit against trademark infringement, it countersued "Chayanguanse" for unfair competition. A cup of "Cha Yan Yuese" milk tea from a famous coffee shop is the standard for many consumers when visiting Changsha. However, there is also a milk tea shop brand in Changsha called "Chayan Guanse". Both Chayanyuese and Chayanguanse are registered trademarks. Chayanguanse only opened a store in Changsha in 2019, but the trademark was registered earlier. . In April 2020, Chayan Guanse sued Chayan Yuese for trademark infringement, but the court dismissed it. The reporter learned from the China Trial Publicity Network that on January 4, 2021, Chayan Yuese sued Chayan Guanse on the grounds of unfair competition. The case is still under trial.

It is reported that both Chayanyuese and Chayanguanse are registered trademarks. Chayanguanse only opened a store in Changsha in 2019, but the trademark was registered first. In April 2020, Chayan Guanse sued Chayan Yuese on the grounds of trademark infringement, which was later dismissed by the court. Some media reporters noticed that when demonstrating that Cha Yan Yuese did not infringe Cha Yan Guan Se, the court pointed out that although "Cha Yan Guan Se" was registered first, if the interests of the prior trademark registrant were absolutely used as the sole To weigh the factors, it is simply determined that the defendant's use of the "Cha Yan Yuese" trademark mark constitutes trademark infringement, which will cause undue damage to the legitimate rights and interests of operators who continue to use unique names and trademarks in good faith and their accumulated goodwill, and is also contrary to the law. The principle of market fairness.

Some netizens said that as an authentic Changsha milk tea shop, "Tea Yan Yuese" has attracted many imitators since it became popular. Among them, "Tea Yan Yuese" is the most popular in terms of publicity. Loud, because of its high similarity, it is also the easiest for outsiders to be confused. Some netizens also said that since "Cha Yan Guan Se" was registered early, "Cha Yan Yuese" should have copied the former. However, what everyone does not know is that it has not carried out any commercial activities in the few years since its registration, and many It was not until 2017 that the transfer was successful. At that time, the "Cha Yan Yuese" brand had been recognized by the market, and its popularity was far greater than that of "Cha Yan Guanse". Relevant information shows that although "Cha Yan Guan Se" was registered earlier, after several changes, it was not until February 2017 that the trademark became the current logo. Although "Cha Yan Yuese" was registered late and only registered its own trademark in October 2013, the graphics and text of its trademark are basically the same as the current logo, and the trademark has not been changed since. This time, Chayanyuese sued Chayanguanse on the grounds of unfair competition.