Ride the honey snow ice city fever?! A milk tea brand was awarded 500,000 yuan

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Where there is heat, there is market, and where there is market, there are interests. driven by interests, in recent years, the new tea industry has gradually stepped out of the circle, but there have been many incidents of malicious attachment to brand trademarks, and the brands after the explosion have been clung to by "shanzhai brands". Famous brands such as Xi Cha, Deer Jiao Lane and Cha Yan Yue have encountered "shanzhai" events, and shanzhai brands will not only separate part of the passenger flow. And it is also easy to make consumers doubt the product and reduce the credibility of the brand.

Recently, a milk tea shop named Mi Xue Yue was sued for rubbing the heat of the tea giant Mi Xue Ice City. Because the words and trademarks were very similar to the series trademarks of Mi Xue Ice City, Mi Xue Ice City sued Mi Xue Yue (Guangzhou) Technology Co., Ltd., which is the head company of Mi Xue Yue on the grounds of trademark infringement. Now, the case of infringing on the trademark rights of Honeysnow Ice City has made a final judgment, and Mi Xue was awarded about 512184 yuan in compensation to Honeysnow Ice City.

After the first instance, the company appealed because it was dissatisfied, but the court held that the words and trademarks of the company were indeed very similar to the trademarks of the ice city, and the meaning of attachment was obvious, which seriously infringed the trademark rights of the company. Therefore, the appeal request of the company was rejected and the judgment made by the court of first instance that the company and its legal representative Liang jointly compensated for the economic losses of the trademark owner.

According to public data, Honey Snow Ice City is a brand of ice cream and tea established in Zhengzhou in 1997. After more than 20 years of development, the number of global stores has reached 22276, covering 31 provinces, municipalities and autonomous regions, as well as overseas countries such as Vietnam and Indonesia.

According to the information on the official website of the China Securities Regulatory Commission on September 22, 2022, the A-share listing application of Michelle Bingcheng Co., Ltd. has been accepted and the prospectus has been formally pre-disclosed. It is proposed to land on the main board of the Shenzhen Stock Exchange, and the lead underwriter is Guangfa Securities.

And Mixue Yue (Guangzhou) Technology Co., Ltd., according to the enterprise information, it was established in September 2019, the company is located in Baiyun District, Guangzhou City, with a registered capital of 200000. The scope of business includes: natural science research and experimental development; educational consulting services (excluding education and training activities involving permission approval); business training (excluding education and training, vocational skills training, etc.); food management (sales of prepackaged food) and so on. At present, the state of the enterprise has been logged out.

It is understood that there are a large number of "honey snow about" beverage stores on the market, but the commercial franchise filing information of the company can not be found in the unified platform of the business system of the Ministry of Commerce.

Tianyan inspection shows that there are a total of 2161 trademark information under Honey Snow Ice City Co., Ltd., of which 1517 trademarks have been successfully registered, such as "Honey Snow Ice City", "Snow King and Picture", "Mille Snow", "Honey Snow" and other core trademarks have been registered in all categories. So why register so many unrelated categories when applying for a trademark? This is the proof of Honey Snow Ice City's strong awareness of trademark protection.

It is also a defensive trademark practice in which the owner of the same trademark registers the same famous trademark on non-identical goods in order to prevent others from using the famous trademark and causing adverse effects. Defensive trademarks may not be used after registration, so it is generally not easy to approve the registration. However, once the registration is successful, it is not subject to the restriction that the trademark must be used in order to maintain the trademark.

With the increasingly fierce competition in the market, some willing people will use the trademarks registered by others to "wipe the edge" to open up the market and market for themselves. The registered defensive trademark is a "sharp weapon" to prevent others from rubbing against the brand, and it can not only protect the trademark, but also reserve some "space" for the future development of the enterprise.

Those who deliberately cling to well-known trademarks that cause confusion among consumers will be punished by law sooner or later. In order to prevent the occurrence of trademark infringement, registered defensive trademarks will be the first choice for many large enterprises.

Photo Source: Internet