Three and a half coffee wins the plagiarism! Original protection of instant coffee brand packaging design
Professional coffee knowledge exchange More coffee bean information Please pay attention to coffee workshop (Weixin Official Accounts cafe_style)
More fine coffee beans, please add private WeChat Qianjie Coffee, WeChat: qjcoffeex
Recently, some domestic media reported that it took 20 months for three and a half meals to sue the coffee brand named "Colorful Mystery" because it used the appearance similar to three and a half small cups of instant coffee without authorization, which constituted unfair competition.

Finally, the brand party of "Colorful Mystery" was sentenced by Zhejiang Province Hangzhou City Intermediate People's Court to compensate three and a half tons of economic losses and reasonable expenses of 1.73 million yuan, and stopped producing and selling infringing products.
I believe many friends know three and a half meals because they are attracted by the shape of the brand product ~ super instant coffee + simple style packaging +mini coffee cup shape + color brought visual impact. At the time of launch, it was immediately welcomed by young consumers.

Because of the novel shape, environmentally friendly material coffee packaging comes with "Come on! The aura of "keep me DIY" attracted consumers to keep the packaging for DIY transformation, make a variety of small potted plants, small pendant decorations, etc., and share them on major social platforms, thus attracting more young users to pay attention to brand products.
Since its launch, three and a half meals have swept social media with a high "film rate", and more and more coffee brands have also launched similar styles of product packaging. In recent years, the product modeling of small cups has never been discussed, analyzed, imitated or even copied in the industry.

And there are so many brands with similar product models, why three and a half times to sue a brand that is not well known? Because it's not just borrowing anymore.
According to the infringement evidence provided by Sandun and a half to the media, it can be seen that the Qicai Mystery brand has great similarity with Sandun and a half products in terms of product style, packaging design, publicity pictures and content.

The keyword "three and a half of the same model" has also been added to the product search term, so that users can also see the brand's products when searching for three and a half times, and because the style and product appearance are similar, misleading information is conveyed to confuse consumers.
Therefore, from December 29,2020, three and a half days began to defend the rights of the colorful mystery lawsuit, until September 2 this year the case has a final judgment.
Because there is no definition of plagiarism and imitation in law, when many brands of original products have similar products of other brands, more often because of the long time and high cost of rights protection, the awareness and atmosphere of intellectual property protection in the food industry is not strong.

With low cost and large flow, popular product design followed by big brands has become the beginning of many small brands. Whether it is searching for "coffee beans" or "instant coffee"... the design of packaging layout between brands is somewhat similar, and the "assimilation" phenomenon of products in the industry is becoming more and more serious.
Directly copying the main elements is called plagiarism, analyzing the main elements and then focusing on flexible application is called reference. Because of more and more such phenomena, people's definitions of plagiarism and reference are becoming more and more vague, which also makes it more and more difficult to protect the rights of originality.
Therefore, when a design is really 100% original, what the designer needs to do is to apply for copyright/patent/trademark exclusive right of the design, and put it into use and production at the beginning, so that when necessary, it can directly protect the rights according to intellectual property rights.

If not, and other brand product promotion can indeed confuse consumers, you can protect your rights according to the provisions of the Anti-Unfair Competition Law on "counterfeiting confusion" behavior.
There have also been similar cases before, that is, at the end of last year on the hot search tea color happy color to tea color observation case.

In the face of plagiarism and unfair competition, the original creator/brand should not "wait for death", because the more imitation products, the original products themselves will bring word of mouth, consumers on the impact of brand product quality judgment.
Rights protection is a necessary means to protect their own rights and interests, but also to the original supporters, consumers commitment and protection.
Source: Internet, Little Red Book, FBIF Food and Beverage Innovation
- Prev
Coffee is at the end of the border? Weilai Automobile registered NIO CAFE trademark!
Professional coffee knowledge exchange more coffee bean information please follow the coffee workshop (Wechat official account cafe_style) more boutique coffee beans please add private Wechat Qianjie coffee, WeChat: qjcoffeex what? No way! The heat of the coffee market is still only increasing. Car makers should also come and sell them.
- Next
Hand-brewing coffee water control skill water flow speed method coffee brewing posture teaching
Today, Qianjie was browsing on moments. Seeing a reasonable remark, Qianjie decided to share it with you. This short sentence tells the role of the final powder layer shape. Observing the powder layer can not tell whether the coffee is good or not, but it can reflect your water injection habits and water control skills. The importance of water control hand brewing coffee is not good.
Related
- What degree of grind should I use to make coffee by hand? How fine should the coffee powder be ground with cold ice drops? What is the No. 20 screen? How fine are the grains of fine sugar? What is the appropriate grind for the espresso?
- Why is coffee bean watches always oily? Are the oil out of the coffee beans stale? Are oily coffee beans of higher quality? What is the difference between deep and light coffee?
- How long is the taste period for coffee? How long is the best time to finish your coffee? How long can coffee stay in a thermos cup? What is the best degree of hand-brewed coffee?
- Pour out all the raw materials! Many Lucky products are off the market!
- "Haidilao in the milk tea industry" Kawangka quietly increases its prices again! Netizen: No more drinking!
- Ask for 20,000 yuan! Coffee shop managers trick employees into fake marriages?!
- Milk tea takeout "strong" with 10 packs of tissue?! User: No collection or delivery
- Which is sour, deep-roasted or lightly roasted coffee? Do people who know coffee want light or deep roast? What is the difference in the degree of roasting coffee? What is the difference between lightly roasted coffee and deeply roasted coffee?
- Do I have to steam my hand-brewed coffee? What is the function of drip coffee steaming? What is the purpose of steaming hand-brewed coffee? Can I make coffee by hand without steaming it?
- Is SOE a single origin coffee? What is the reason why SOE American style is too sour and SOE latte is too bitter?