The beauty of tea successfully sued the appearance of tea, the duel between the authentic version and the shanzhai. Does milk tea taste good?

In April 2020,"Tea Yan View Color" sued "Tea Yan Yue Color" for trademark infringement and lost!

In January 2021,"Tea Yan Yue Se" immediately sued "Tea Yan Guan Se" unfair competition and won!! This broadcast operation immediately attracted a wave of netizens sitting in front of the screen eating melons with oolong and orchid lattes. Let's also put together the context of the whole incident.

It is reported that the trademark "tea color" was first registered in 2008. Since there has been no improvement, the trademark has been transferred several times. Finally, Guangzhou Luoqi Co., Ltd. obtained the exclusive right to use the trademark. The company also authorized the trademark to be used by relevant milk tea shops in 2017. The trademark of "tea color" was registered in 2013, and began to be used and promoted in the same year, which was recognized by consumers and had a high popularity in Changsha. Therefore, the four-word trademark of "tea color" also gained uniqueness and significance.

At that time, due to lack of copyright and trademark awareness, the owner of "Tea Yan Yue Se" did not make more legal protection for the "Tea Yan Yue Se" trademark, nor did he think that there was a trademark word that was so close and sued him for invasion. (Highlight: At that time, the trademarks of these two brands were only words, and there was no character image.)

Later,"Tea Yan Yue Se" added a gentle woman image on the basis of the original trademark in 2017 and re-registered the trademark. At the same time,"tea color" is also to belong to the milk tea shop style a new look, and constantly introduce tea with ancient names, attracted a wave of little brother and sister punch card.

And then the "tea color observation" saw that they also began to learn from the operation. Because "tea color" only has stores in Changsha Wai,"tea color" also looks at this point, the shop style after learning in a number of cities, even opened abroad, business has also had a good improvement, but the popularity is still not as good as "tea color", so I thought of suing "tea color", blog hot search traffic caused public attention.

Obviously, the prosecution had failed! The reason is that from the scope of use approved by the court, the scope of use of the two trademarks is not the same. Tea Yanyue Store does not provide teahouse nature services such as adding materials and refilling cups for consumers. Its trademark mainly identifies the source of goods rather than identifying the source of service, which does not exceed its approved scope of use. At the same time, the court also pointed out that Guangzhou Luoqi Co., Ltd. still accepted other milk tea shops to use the trademark of "tea color" when it should know the popularity of tea color, violating the principle of good faith, so it was determined that "tea color" did not constitute trademark infringement.

"Chayan Yuese" was very dissatisfied with this lawsuit, and in turn sued Liu Qiong Beverage Store and Guangzhou Luoqi Co., Ltd., which belong to "Chayan Yuese", for unfair competition. The counter-report pointed out that the use of similar decoration and trademark images, etc., similar to those of the "Tea Beauty" shop, was confusing and constituted unfair competition. "Tea color" is also in the "tea color" has a certain reputation before the development of the opening, as the later use of trademarks party, should avoid.

This time, the counter-appeal,"tea color" won! Netizens also cheered: Justice is late, but it will come! You think that's gonna close the case? No! "Tea looks at color" refused to lose, and filed an appeal in court...(really stubborn!), And the court rejected it!

This win,"tea face happy color" official immediately released this matter! At the same time, it also sent a wave of benefits to netizens who supported the brand. The case is not over yet, whether there will be other progress in the future, it is not too early to conclude, but from this incident, the law will certainly safeguard the legitimate rights and interests of those operators who use unique names and trademarks in good faith, and safeguard the principle of market fairness.

Image Source: Internet

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