Online Cafe Cafe how to sell online Cafe Cafe selling Big Brand LOGO afternoon Tea is investigated!
Do you still remember the "lady afternoon tea" that suddenly sprang up on the Internet not long ago?
On March 26th, according to NBTV news sources, the relevant reporter learned from the Haishu District Market Regulatory Bureau: the bureau closed a case of online celebrity cafes selling big-name LOGO afternoon tea, and law enforcement officers fined the parties concerned and confiscated printing moulds printed with the patterns of "LV" and "CHANEL".
Here's the thing:
Not long ago, there was a video on Douyin platform that attracted everyone's attention. The video is called "Ningbo super beautiful sunset coffee-rich woman afternoon tea" (you can search on Douyin by yourself). The afternoon tea sold by an online celebrity cafe in Ningbo is printed with the big brand LOGO, and the brand effect of printing the big brand LOGO has prompted many people to go to the store to sign in.
It is said that the online celebrity cafe is decorated in a minimalist industrial style, and its main products are coffee and cakes printed with large brands "CHANEL" and "LV" LOGO. The large number of people has alarmed law enforcement officials.
Relevant law enforcement officials believe that the store may be suspected of trademark infringement, so they immediately contacted the intellectual property agents of the CHANEL brand and the legal department of the LV brand company.
After some investigation and appraisal, the online celebrity coffee shop's use of trademark patterns is not authorized.
However, according to the International Classification of goods and Services for Trademark Registration (Nice Classification), goods and services are divided into 45 categories, including 34 categories of goods and 35 categories of services. The coffee and cakes sold at the online celebrity coffee shop belong to category 30 in the Nice category, while neither CHANEL nor LV has registered trademarks for category 30 products. In addition, Article 56 of the Trademark Law of the people's Republic of China stipulates that the exclusive right to use a registered trademark is limited to the approved registered trademark and the goods approved for use, coupled with the fact that the CHANEL brand and LV brand are unable to issue relevant identification reports, so the use of coffee and cake with large brands "CHANEL" and "LV" LOGO in the online celebrity coffee shop does not constitute trademark infringement.
However, law enforcement officials clearly pointed out: although this kind of behavior does not constitute trademark infringement, it does not mean that it has legal status, and the act of using the world-famous luxury brand LOGO for its own products without the permission of the right holder has disturbed the market order, combining the theoretical knowledge and cases of many relevant laws and regulations. Finally, the online celebrity coffee shop involved in the case was investigated and dealt with on suspicion of violating the provisions of the Anti-unfair Competition Law of the people's Republic of China.
In retrospect, because trademark infringement incidents occur from time to time, as an important part of intellectual property rights, the influence of trademark is self-evident. Trademark is the basis of an enterprise brand and is conducive to market competition and advertising. At the same time, it is also a symbol of enterprise reputation and quality. When you realize that your trademark has been infringed, you should protect your rights and interests in time, because this is not only the protection of enterprise rights. It is also protecting consumers at the same time.
In addition, in order to attract consumers, more and more businesses are promoting consumers to pay by launching a variety of novel marketing programs. It is a good thing to launch novel marketing programs, but no matter what kind of ideas, the most important thing is to grasp the boundary of "creative marketing".
Last,
If a brand wants to get consumers' attention, sometimes it does not have to be through "creative marketing". It is also important to convey to consumers the values of brand health and the story behind the product.
* partial source: NBTV News
* Image source: Internet
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