tells you that you can still live like this in Changsha
"Little Pride" in the tea beverage industry in Changsha Cha Yan Yuese has been on the hot searches because of its popularity and good reputation, but the most recent time was because of being caught in a trademark infringement case of "who copied whom". On the afternoon of April 8, the Yuelu District Court held a public trial in the first instance and announced a verdict in court: all litigation requests of the plaintiff Luoqi Company were rejected.
So what company is Luoqi Company and what kind of trademark entanglements have with Cha Yan Yuese? The "melon" in it is worth savoring.
case: " Cha Yan Guan Se " sued the trademark infringement of "Chan Yue Se" and "lose"
picture source/Chan Yue Se official WeChat official account.
The plaintiff and the defendants faced each other's words at the trial. Luoqi Company claimed that its "Chanyan Guanse" is a highly influential teahouse service brand in China, with a high industry reputation and a wide consumer base in the field of special tea beverage services. The trademarks used by the "Chanyan Yuese" store in Changsha in many places, such as its doors, store decorations, tea cups, packaging, receipts, tissues, waiter's clothing, and cushions are very similar in shape and sound to its registered trademarks, which constitute trademark infringement.
Tea Yue Company argued that since 2013, "Chanyan Yue Se" has long enjoyed a high market reputation through unremitting promotion and development, and has obvious differences in shape, sound and meaning from "Chanyan Guanse", and the scope of trademark use is also different, so consumers will not confuse the two. In addition, after investigation and evidence collection, it was found that the exclusive right to register the trademark of "Chanyan Guanse" was obtained by Luoqi Company after several transfers. Luoqi Company knows that the "Chanyan Yuese" brand is famous, but still acquires the exclusive right to obtain the registered trademark of "Chanyan Guanse" and initiates this trademark infringement lawsuit. It has the intention to cling to "Chanyan Yuese" and has obvious malicious intentions.
picture source/Chanyan Yuese official WeChat official account.
After trial, it was found that Luoqi Company began to promote the "Chanyan Guanse" brand since March 2017 and obtained the registered trademark in August 2018. The online search was conducted with the keyword "Chanyan Guanse" as the keyword. Before the first "Chanyan Yuese" store in Changsha opened in 2013, the trademark usage information related to "Chanyan Guanse" could not be retrieved. The National Copyright Administration’s work registration certificate states that the “Chanyan Yuese Text” and “Chanyan Yuese Graphics” art works were created by Lu Liang in 2013, and the registration date is May 2017. In December 2013, Lu Liang opened his first "Chanyan Yuese" store in Changsha, and used the "Chanyan Yuese" logo on tea beverage packaging, store doors, and interior decoration. Later, Lu Liang authorized Hunan Chayue Catering Management Co., Ltd. to use its art works. Between October 2015 and March 2018, Chayue Company successively applied for trademark registration.
The court held that "Chanyan Yuese" did not constitute trademark infringement, and believed that Luoqi Company's subjective malicious intentions were obvious, which violated the principle of honesty and trustworthiness.
Controversy: Who copied whom, who came first and who came first and who came later?
According to Cha Yan Yuese’s official disclosure, in 2013, Cha Yan Yuese opened its first store at the door of Changsha Si and submitted a trademark registration application. In 2015, it obtained the graphic trademarks of "Chanyan Yuese" in Class 35 and 4302, and in 2017, it obtained the 30th text trademark of "Chanyan Yuese". In terms of trademark registration time, "Chanyan Guanse" is ahead, but there is no business behavior, but in terms of real business behavior, "Chanyan Yuese" is ahead. The relevant person in charge of
said that whether there is a real business behavior is also a criterion for trial, in order to prevent opportunists from making profits by registering trademarks and damaging the interests of honest business merchants.
picture source/Chanyan Yuese official WeChat official account.
In 2016, Cha Yan Yuese became famous in Changsha. After Kaisheng purchased the "Chan Yan Guan Se" cursive version trademark through an idle trademark platform, a wave of operations transformed the original four-character cursive calligraphy style into a font and logo that was highly similar to "Chan Yan Yuese" and put it into the market.
The court held that there were two disputes between the plaintiff and the defendant, namely: whether the registered trademark "Chanyan Yuese" infringes on the trademark use rights of the same registered trademark "Chanyan Guanse" during its use; whether the acquisition and use of the registered trademark "Chanyan Guanse" violates the principle of honesty and trustworthiness.Judging from the approximate degree of the trademark itself, although "Chanyan Yuese" and "Chanyan Guanse" are only one word different, there are significant differences in the overall structure of the trademark after the combination of characters, meaning and composition. "Chanyan Yuese" began to be used in December 2013. After continuous promotion and publicity, the consumer market has expanded and the brand awareness has increased day by day, and it has become a well-known "Internet celebrity" milk tea in Changsha, Hunan and even the whole country. "Chanyan Guanse" was promoted in 2017, and the trademark's significance and popularity are significantly weaker. The registered trademark "Chanyan Yuese" has neither exceeded the scope of approval for use nor is it similar to the registered trademark "Chanyan Guanse" and is not easy to be confused.
picture source/Chanyan Yuese official WeChat official account.
In addition, according to Article 7 of the Trademark Law of the People's Republic of China, applying for registration and use of trademarks shall follow the principle of honesty and trustworthiness. After investigation, it was found that the trademark "Chanyan Guanse" was first registered by the third party Chai in March 2008, and was transferred to another third party through a purchase and purchase by a Beijing Intellectual Property Agency Co., Ltd., and then transferred to Luoqi Company again. Before the trademark was first transferred, there was no evidence to prove the actual use of the trademark, and the consumer awareness was not high, and the market popularity was not high. On the contrary, the "Chanyan Yuese" store has been open for more than 6 years. In addition, Luoqi Company used "cha Yan Guan Se" as a store guide in similar milk tea shops it opened, which led to misleading consumption.
Eat melons: Take a look at the trademark entanglement of the two "Chanyan"
Regarding the operation of Luoqi Company, "Chanyan Yuese" stated that it will take the initiative to protect its rights and further protect itself. At the same time, through the official brand WeChat official account, combined with the authentic information verified by Jinzhou Law Firm, some "Chanyan Guanse" and Luoqi Company's "Melon Material".
WeChat content stated that Guangzhou Luoqi Catering Management Co., Ltd. (hereinafter referred to as Luoqi) was the predecessor of Guangzhou Kaisheng Catering Management Co., Ltd. (hereinafter referred to as Kaisheng). Since 2016, the company has successively applied for "Chatyan Yuese", "Zhihu Tea", "Dongyu Heytea" "Lele Tea", "MAMACHA", "Yue Kaiser", "Taimangla", "Happy Duomang" and "Chicken Steak Storm" "Crazy Infant Words" and other well-known brand trademarks.
Photo source/Chanye Yuese official WeChat official account.
According to the information of "Civil Judgment No. 12551 of Tianhe District People's Court of Guangzhou City, Guangdong Province (2017) Guangdong 0106 Minchu 12551" and "Guangzhou Intellectual Property Court Civil Judgment No. 73 Minzhong No. 3624", the "Yo Kaiser" trademark under Kaisen's name was successfully counterfeited by "Le Kaiser" in 2018. It was ruled by the court to bear tort liability, resulting in Kaisen being listed as a list of dishonest persons. In 2019 On May 15, Kaisheng canceled the company and transferred the "baby" trademarks under his name to several other companies such as Luoqi, including two trademarks: "Chanyan Guanse" and "Chanyan".
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