The ice pier, the mascot of Beijing Winter Olympic Games, is very popular! Coffee shop selling ice pier snow melting latte may be suspected of infringement?!
"all I want is an ice pier, but it's hard to find an ice pier. I think I can make an ice pier by myself. Do you think I can succeed in this way?"
With the opening of the Beijing Winter Olympic Games, ice piers have become difficult to find overnight. Recently, Bingdun Pier has become a "button Cobalt Lu Bingdun Pier", which exudes the magic of "once you like to ignore me, but now you can't afford me". I don't know what magic it is, but suddenly people are interested in this chubby boy.
The Crispy Sugar-Coated Fruit astronaut panda was unveiled in September 2019 and has been on sale for more than two years. Maybe maybe when there is more than one thing, people will think, "Why am I buying so much?" For this reason, we have to wait until a "pier" is difficult to find, before we cherish the ice pier one after another. Many netizens who owned the ice pier several years ago have posted photos one after another, and are glad that they have not lost the ice pier. There are even netizens who did not intend to pick up the ice pier in the nooks and crannies, the top of the building outside the window and other places in the sun and rain, and tried their best to pick up the "dirty pier" that had suffered from the wind and rain for several years. And those who did not buy ice pier, did not have ice pier once, in order to comfort their "sad", have self-made ice pier, so in a "pier" difficult to find that night, a variety of ice pier appeared. There are stitches, clay, cakes, ice piers on lattes, three-dimensional ice piers on cappuccinos. Everything can be ice pier, now as long as there are ice pier-like things, will be cast countless envious eyes, so many people have also started a "wild" ice pier business. But! You know what?! It is not illegal to make a "wild" ice pier for personal appreciation, but it cannot be used for commercial purposes. No matter what way it is to make a profit with the "wild" ice pier, it may be an infringement!
Recently, it has been rumored that many coffee shops are selling ice pier lattes. According to netizens, many netizens asked the barista to draw the ice pier pattern after buying milk coffee. There are also coffee shops that have photographed various ice pier pattern coffee photos, ice pier lattes production process videos, take the initiative to make ice pier pattern lattes for customers, and use ice pier pattern lattes for publicity. Attracted a group of "pier" fans to sign in. Although Bingdun Pier is hot, we can not ignore that "Bingdun Pier" and "Xue Rong Rong" are successfully registered trademarks of the Beijing Annual Winter Olympic and Paralympic Games Organizing Committee.
So, is it against the law for baristas to entertain themselves and not to sell? As long as there is no profit-making behavior (including commercial publicity), for the purpose of self-appreciation, making their own coffee flowers, their own appreciation, non-commercial publicity simply taking photos and sharing will not constitute infringement in the sense of copyright law. If the "ice pier" sign is used for commercial purposes, it will still constitute copyright infringement and may bear the corresponding tort liability.
Netizens commented on the claim that the ice pier pattern on the coffee sold in the coffee shop would be suspected of infringement:
Em... I don't know... Just play and play, don't take it off.
Photo Source: online Little Red Book
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