On the morning of April 26, the official public account of the People’s Court of Tianxin District, Changsha City issued the first-instance judgment of the court of “Cha Yan Yue Se” sued “Cha Yan Guan Se” for unfair competition infringement. The court ruled that “Tea Yan Guan Se” lost the lawsuit and stopped advertising, franchise license investment promotion, and false promotion of unfair competition that were the same as or similar to “Tea Yan Yue Se” nationwide; and asked “Tea Yan Yue Se” to promote unfair competition. “Compensation for economic losses and reasonable rights protection costs accumulatively amounted to 1.7 million yuan.

Seeing this case, I have other feelings. In the past, many merchants often filed lawsuits directly on the grounds of trademark infringement due to trademark infringement issues, ignoring the existence of the anti-unfair competition law. As a result, the lawsuit will be prolonged and prolonged, greatly increasing the plaintiff’s rights protection. cost. The reason is that the reason for the lawsuit is that the trademarks of the plaintiff and the defendant are identical or similar. This is a matter of professional judgment. The defendant has the right to file an invalidation of the plaintiff’s trademark with the Trademark Office and can apply to the court for suspension of justice on this ground. Procedure, waiting for the ruling result of the Trademark Office. The fastest ruling time for the Trademark Office is six months (although it is possible to apply for an expedited review). In fact, the reasons for litigation should directly quote the relevant provisions of the Anti-Unfair Competition Law, and the extension of trademark infringement to cause consumers to confuse the source of goods and services is an act of unfair competition. That is to say, whether the trademark constitutes the same or similar professional question can be skipped. The court can directly hear and determine the result, preventing the defendant from countering and delaying the litigation time through the invalidation of the trademark. For such claims, I often leave messages in response to some trademark infringement disputes. I keep on speaking and saying that there are very few likes and almost no one pays attention. But after persisting in this practice for several years, today I finally see a change. Businesses or lawyers have finally begun to face up to the high-efficiency of the anti-unfair competition law, and are deeply gratified. No matter how fragile the power of an individual is, it can change the world as long as you want.

zhiwo

By zhiwo

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helpmekim
5 months ago

In Miss Hao’s sports group, I saw that Xiaolan sent a screenshot of the push message, saying that the tea Yan Yue Se told the tea Yan Guan Se in the first trial. I immediately commented in the group that the unfair competition case of tea Yanyuelu, Li Kui and Li Gui, legally boiled down to false propaganda and unfair competition. In terms of unfair competition, the two store logos are exactly the same, and one of them must be hot publicity. The former sued the latter because Chayanyuese invested a lot of resources in propaganda and operation, while the latter made consumers think that the two were one family without any effort. Natural tea Yanyue’s interests were damaged and it was too much to sue. As far as this case is concerned, if there is no other evidence to show that shop recruitment and decoration are used first, then the result of this case is almost settled. Legally, I won’t expand too much. Yu Tateyan, I would like to ask netizens: Is the tea delicious, or the tea delicious?

heloword
5 months ago

This kind of competitive operation is different from copying the answers or even the names of the exams. It is stupid. It hurts others to cheat and is caught by the teacher. It also affects the impression of the copied person in the teacher’s heart. The shameless mother opens the door to shame. Shamelessness has arrived home; and as a copycat, I can only say that Cha Yanyue is beautiful. You are simply a bitch in the milk tea industry. It’s not too late for a gentleman to take revenge for ten years. Let’s take a look at the tea Yanyue color takeaway in the past few years. The message on the ticket; isn’t it interesting? It seems that Cha Yan Yue Se has made money… But it is obvious that Cha Yan Yue Se has not been lost in money but has been fulfilling its original promise. Tea Yan Kan Se has been opened everywhere, and He is still in Changsha and can’t come out… It turns out that all the money is used to fight a lawsuit… What does it mean to not forget the original intention and move forward if there is no money to open a branch? In this regard, tea Yan Yue Se is a model of our generation, tea Yan Kan Se deserves to lose, is this kind of opponent it can contend? On the spiritual level, I just crushed and praised the beauty of tea, and talked about how bad the unfair competition of counterfeit cottages is. I don’t understand business, so I just talk about how it feels to buy cottage products from the perspective of a consumer? It’s exactly the same as when you were cheated on online dating. She said that she was Di Lieba, and when you look at her pictures, you also think it’s like Sister Furong. When you meet, you say that it’s Sister Furong. Who will suffer if you want you to lose money? You can create your own brand and sell your own products. You can also sell similar products at a lower price than your opponents to increase sales, so that your opponents can’t sell them, but you can’t copy and paste other brands directly, or open a store. Next to it, even the products are the same. The most important thing is that you are selling more expensive than others, and then you call back the thief to catch the thief and scold them to copy your homework. Even if you are ashamed of yourself, even if you let the consumer buy your product, it feels like eating shit. Uncomfortable. This is the most disgusting thing about copycat merchants. It disrupts the market order and entraps consumers.

helpyme
5 months ago

Today is World Intellectual Property Day. From the verdict in Wen Heyou v. Kunming “Wen Heyou” case at the beginning of the month, to today’s announcement of the first-instance judgment in the Chayan unfair competition case, the Tianxin District Court presented its gift for World Intellectual Property Day. For the Tianxin District People’s Court, the Intellectual Property Court of Tianxin District People’s Court maintains market order and escorts brand management. According to the data released last time, Changsha’s business environment ranks among the top 10 in the country, which also reflects the charm of Changsha.

sina156
5 months ago

Seeing this case, I have other feelings. In the past, many merchants often filed lawsuits directly on the grounds of trademark infringement due to trademark infringement issues, ignoring the existence of the anti-unfair competition law. As a result, the lawsuit will be prolonged and prolonged, greatly increasing the plaintiff’s rights protection. cost. The reason is that the reason for the lawsuit is that the trademarks of the plaintiff and the defendant are identical or similar. This is a matter of professional judgment. The defendant has the right to file an invalidation of the plaintiff’s trademark with the Trademark Office and can apply to the court for suspension of justice on this ground. Procedure, waiting for the ruling result of the Trademark Office. The fastest ruling time for the Trademark Office is six months (although it is possible to apply for an expedited review). In fact, the reasons for litigation should directly quote the relevant provisions of the Anti-Unfair Competition Law, and the extension of trademark infringement to cause consumers to confuse the source of goods and services is an act of unfair competition. That is to say, whether the trademark constitutes the same or similar professional question can be skipped. The court can directly hear and determine the result, preventing the defendant from countering and delaying the litigation time through the invalidation of the trademark. For such claims, I often leave messages in response to some trademark infringement disputes. I keep on speaking and saying that there are very few likes and almost no one pays attention. But after persisting in this practice for several years, today I finally see a change. Businesses or lawyers have finally begun to face up to the high-efficiency of the anti-unfair competition law, and are deeply gratified. No matter how fragile the power of an individual is, it can change the world as long as you want.

yahoo898
5 months ago

I just went to Changsha to play, and when I saw this problem, I hurried to take a look at the photos I took, and I was sure it was genuine, so I felt relieved. The case of Cha Yan Yue Se is fairly easy to judge because the factual basis is too obvious. Unfair competition affects people’s confidence in genuine products and affects the operation of the market. But in the end, it is necessary for Cha Yan Yue Se to get out of Changsha and go to the whole country as soon as possible. This is a better brand building than litigation. I wish the tea Yanyue color better and better. Finally, I will talk about two sentences related to tea beauty. First, tea beauty is really not hungry for marketing, it is really in short supply. Second, the tea color is very cost-effective, very delicious and cheap. Third, if the tea beauty can be made all over the country one day, it will not be difficult to go to the world.

leexin
5 months ago

The point of this kind of problem is not who infringes at all. If it is found that the infringement shall be fined or ordered to be corrected in accordance with relevant laws and regulations. There is no need for such a big news at all. The crux of the problem lies in the fact that the people who name the tea shop are simply too poor. The clever idioms play small and clever, with idioms and Yanyuese (partial commendation) and sensible words (partial derogatory meaning), give them a new look and change the two words, and then they come up with their own shop signs. I remember that a few decades ago, newspapers reported that some businesses abused idioms that would mislead children to recite exams, such as mosquito coils without mosquitoes. In fact, the key point of the problem is not at all whether it has misled the children to recite ancient idioms in the exam, but the creative minds are too simple and uncreative. Is there no other way to name the shop sign except to change the ancient idiom and a few words? This way of being clever and playing tricks exposes the ridiculous that some people scratch their heads and have to be arty and hard to pretend to be a cultural person, just like a junior high school student who can’t write literature and Guo Jingming writes people who are neither ghosts nor ghosts by stacking up gorgeous words. , Pretending not to be a human being, but more like a monkey, it is really a deep LOW that forced LOW to get home.

greatword
5 months ago

First of all, this is a typical case of intellectual property month used to popularize the law. The focal point of the dispute is that the identification of plagiarism that trademarks are similar to packaging and decoration itself has no controversy. Speaking of impact, this kind of unfair competition behavior is common in the areas of store recruitment, clothing, food, etc. Similar packaging and decoration will cause the relevant public (that is, consumers in the corresponding field) to mistake A for B, which is specifically expressed as the production of A The goods or services sold are mistakenly considered to be derived from B, and the corresponding goodwill evaluation generated by A will also be mistaken as related to B; A is regarded as the same source as B. The confusion and misidentification caused by trademarks is also a reason. Such free-riding behavior directly causes damage to the goodwill of the free-riding enterprise. In addition, there is another case of reverse obfuscation. The main issue is whether the subsequent trademark will be confused with the prior trademark.

loveyou
5 months ago

I can think that the biggest impact of unfair competition is probably that after Cha Yan Guan Se stepped on Cha Yan Yue Se’s shoulders, the branches expanded to various cities in China, the business was booming, and the number of consumers increased day by day. The tea beauty has basically replaced the status of tea beauty in the hearts of consumers, and it has become the No1 milk tea in the minds of consumers. One is enthusiastically sought after, and the other is sad. One day A asks B: “Have you ever had tea beauty?”, B: “Why is it so similar to Cha Yan Guan Se’s name? Naked plagiarism, this is”… After a few years, Cha Yan Yue Se disappeared in the torrent of time, leaving only a faint mark in history. And this mark needs to be remembered slightly by the light of tea words and colors. The legitimate competition lies in “you want to surpass, but don’t plagiarize.” This is shameful in any field. Transcendence relies on its own ability and characteristics rather than imitation. So the result of such a judgment is very good and wonderful. It is a wise choice for Yan Yuese to take up legal weapons to protect herself

strongman
5 months ago

For people like me who occasionally look at the receipts while waiting for a cup, it seems to usher in a climax! It’s only the first trial, and I don’t know how Cha Yan Guan Se will counterattack in the future. I feel that it might start to splash dirty water or something.
Now let’s see if the Cha Yan Yue color ticket will be updated and follow up. Let’s see what the boss said after winning the lawsuit. I’m already looking forward to it. Hahaha~

stockin
5 months ago

Support rights protection! An important manifestation of social progress is to respect the work of others and protect the intellectual property rights and interests of others. Therefore, protecting intellectual property rights is of great significance. Intellectual property rights are related to the competitiveness of enterprises and the creativity of society. The protection of intellectual property rights is also an important means to encourage enterprise innovation and development. Some individuals, organizations, and companies steal the wisdom of others and use the popularity, popularity and reputation of big brands to develop their own brands. It is very shameful and illegal to make profits. The national government must further improve relevant laws and regulations, severely crack down on such infringements, and effectively protect the intellectual property rights of enterprises from infringement, thereby promoting enterprise innovation and social progress.

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