Cottage is a problem faced by many Internet celebrity brands, and some companies have taken up legal weapons to "stumble to the end", and finally kept the clouds open to see the moon. The net red milk tea brand Tea Yan Yue Color has previously been copied by The Tea Face Color, and has also been infringed by "anti-bite". On April 26, the latest verdict came, and Cha Yan Yue won, receiving a compensation of 1.7 million yuan. This news directly rushed to the Weibo hot search list.
Yangtze Evening News/Purple Cow News reporter
Xu Jing
Tea face "laugh to the end"
The feud between the two families dates back to 2019, when Cha Yan Guan Se filed a lawsuit with the court on the grounds of trademark infringement, requesting the court to order Cha Yan Yue Se to compensate 210,000 yuan and issue an apology statement on the public platform to eliminate the adverse effects. On April 8, 2020, the Yuelu District Court of Changsha City, Hunan Province, rendered a first-instance judgment, so it rejected the litigation claim.
After that, the "tea face" of "angry" decided to countersuage. In August 2020, Cha Yan Yue Xie filed a lawsuit against Luo Qi Company, Kai County ShengPin Company and Liu Qiong Beverage Shop on the grounds that the use of the same or similar decorative signs as Tea Yan Guan Color constituted unfair competition. On April 26, the first-instance judgment was announced: Cha Yan Yue won.
According to the court's judgment:
1. Luoqi Company and Kai county Ascendant Company (Cha Yan Guan Xie) stopped advertising and publicity with the same or similar decoration as Chayue Company nationwide, the promotion of merchants with franchise licenses, and false publicity of unfair competition;
2. Luoqi Company and Kai county Shengpin Company jointly compensated Chayue Company (Chayan Yuese) for economic losses and reasonable rights protection costs of 1.5 million yuan;
3. Luoqi Company and Liu Qiong Beverage Shop jointly compensated Chayue Company for economic losses and reasonable rights protection costs of 200,000 yuan; 4. Luoqi Company and Kaijun Shengpin Company published a statement on the elimination of impact in China Intellectual Property News.
Qianjin and Ya Gui, the trademark similarity is high
"Tea Face Color" and "Tea Face Pleasant Color" are registered trademarks, and although the tea face color is opened later, the trademark is registered first. According to China Trademark Network, the trademark "Tea Beauty Delight" was first registered by Hunan Tea Delight Catering Management Co., Ltd. on October 8, 2013. The trademark of Cha Yan Guan Se was registered on March 14, 2008, and the trademark changed hands several times and was obtained by Guangzhou Luoqi Catering Management Co., Ltd.
The focus of the previous debate between the two was the similarity of the trademarks. Not only is the name only a word difference, the pictures of the two houses are all braided hair ladies, the difference is that the tea face is pleasant and the maid's square face, holding a fan, while the tea face is looking at the color of the melon seed face, holding a teapot. In this regard, some netizens joked: "One looks like a thousand gold, and the other looks like a mane." The reporter noted that the reason for the court's judgment was not "trademark infringement", but "unfair competition".
Netizen: The boss finally has money?
For the "tug-of-war" between the two milk tea shops, netizens believe that this is a malicious competition for tea and color.
Netizens also found that cha Yan Yueshi could only write self-deprecatingly on the small ticket at the beginning: "When we have money, we will sue them!" (2017). In 2019, it was changed to: "We've made a little money now and started suing them." Now, finally successful, netizens have said: "I didn't expect to really sue!" "The boss is really hard."
After winning the case, Cha Yan said that "there will be an echo in the mind", in order to share this happiness, each electronic member was issued a coupon with a 2 yuan discount.
According to the enterprise inspection App, Hunan Chayue Cultural Industry Development Group Co., Ltd. (Chayan Yuese brand) was established in 2017, located in Changsha, with a registered capital of 6.24 million yuan and legal representative Lu Liang. Milk tea product raw materials using fresh milk, raw leaf tea, the main products are original black tea series, smoothie series, health care series, specialty coffee series, etc., and set up a retail brand "Zhihu, Tea Also", selling self-designed cultural and creative products. The major shareholder is Changsha Juyingliang Brand Planning Co., Ltd., holding 42.8% of the shares.
Source: Yangtze Evening News