The franchisee did not return the capital during the cross-strait coffee franchise period and changed its name to operate.

The boss said: after five years without paying back, the name of the coffee contract between the two sides of the strait has to be changed when the contract expires.

The lawyer said: "change the soup without changing the dressing", which may involve infringement.

Our reporter Shi Wenwen / Photo

Five years ago, Mr. Zhao was introduced to the person in charge of cross-strait coffee and successfully joined, opening a cross-strait coffee restaurant with an area of 600 square meters on Linping political and legal Street in Yuhang.

One day three months ago, he went to the Yuhang Bureau of Industry and Commerce to go through the formalities for changing the name of his store. the new store was called "Rain Bank Coffee", which was only different from the word "both sides of the strait". Mr. Zhao said, "I have opened this shop for five years, but I haven't made any money." In December this year, as soon as the lease came, I was going to close the shop. "

The joining contract expires, and 2 million of the investment has not yet been paid back.

Although the original sign was replaced by Rain Bank Coffee. But regular customers who push open the door of the cafe will find that the decoration, furnishings and even the staff there are almost unchanged: the waiter is still wearing the same overalls as the clerk in the cross-strait coffee shop, the LOGO on the table is still cross-strait coffee, and the name of the menu has been changed to Rain Bank Coffee, but the content is still the same as cross-strait coffee.

Xiao Chen, a native of Linping, just went to this Yuan coffee shop two days ago to consume coffee: "I have a VIP card for cross-strait coffee, and this shop still works." Mr. Zhao told reporters: "my contract with cross-strait coffee has expired." His VIP card can still be discounted in my store, but other stored value cards for cross-strait coffee can not be used in our store. Because it is a franchise store, only the stored value card issued in our store can be spent in the store. If a customer doesn't run out of money by then, we can refund the money. "

Mr. Zhao said: "when I joined Cross-Strait Coffee five years ago, it included advertising fees, design fees, franchise fees, deposits, store decoration, equipment procurement, and so on, which cost a total of no less than 2 million yuan. the annual rent has risen from 250000 yuan at the beginning to 480000 yuan this year; the annual profit in the store is about 300000 to 400000 yuan, which has been done for five years and has not been paid back yet."

The name is changed by one word, and it is not advisable for the franchisee to take risks.

People who open the door to do business certainly hope to get a return on their investment. For his investment in cross-strait coffee did not make a profit, Mr. Zhao said: "this cafe has always been run by hired professional managers, the headquarters also sent people to guide, but did not continue to follow up." Because we have other businesses in operation, my wife and I have not been in charge of the store, and if we work hard, we should not lose money. "

The "two sides of the strait" have become "rain shores". Will this involve infringement?

Liao Zhisong, a lawyer at Zhejiang Jindao Law firm, said: "the practice of Yuan Coffee is a desperate move by franchisees out of their original intention to safeguard their rights, which will face legal risks.

Considering that the chain franchise contract between the two parties has expired, Mr. Zhao should stop using the relevant LOGO, overalls and menus of cross-strait coffee, otherwise even if he changes to the Rain Bank signboard, it may infringe upon it, which violates the principle of good faith and post-contract obligations in the contract Law. It is suggested that on the one hand, Mr. Zhao can reduce his own losses by transferring stores or investing in other projects with local materials; on the other hand, if Mr. Zhao thinks that in the process of joining, it is the breach of contract of cross-strait coffee that leads to his own losses, it can be solved by negotiation or litigation with the other party. " Liao Zhisong said.

(responsible Editor: Leo)