Recently, Hangzhou Green Tea Catering Management Co., Ltd. sued 14 companies including Meituan.com operator Beijing Sankuai Technology Co., Ltd. and Guizhou Green Tea Catering Management Co., Ltd. to the court on the grounds of trademark infringement and unfair competition, demanding that the above companies immediately stop the infringement and compensate the economic losses of 8.35 million yuan.

is this the case? The company that sued Meituan is Hangzhou Green Tea Catering Company, right? GREENTEA restaurant? Trademark registrant, the registered category is Class 43 (cafeteria, restaurant, etc.). However, Guizhou Green Tea Catering Company used the registered trademark for catering services without its permission, and also? Shanzhai? The decoration style, table and chair style and menu color of Hangzhou Green Tea Catering Company were introduced. Seeing this, do your confidants wonder what this is about the US Mission? The reason why the US Mission was? Help? Because Guizhou Green Tea Catering Company launched a group purchase on Meituan. com.

Guizhou Green Tea Catering Company registered its trademark without the permission of Hangzhou Green Tea Catering Company? GREENTEA restaurant? Used in catering services, but also deliberately imitate its iconic elements to confuse the audience. It is not difficult to understand that it infringes the exclusive right to use the trademark of Hangzhou Green Tea Catering Company. However, Meituan. com, as a third-party online ordering platform, only provides one for Guizhou Green Tea Catering Company. Show yourself? Platform, don't also want to be? Sit together? , bear the responsibility of trademark infringement together?

to answer this question, should we first clarify the provisions of the trademark law? Trademark infringement? What are there?

The Trademark Law stipulates that any of the following acts is an infringement of the exclusive right to use a registered trademark:

(1) Using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant;

(2) without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same commodity, or using a trademark identical to or similar to its registered trademark on similar commodities may easily lead to confusion;

(3) selling goods that infringe upon the exclusive right to use a registered trademark;

(4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks;

(5) changing its registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark on the market again;

(6) intentionally providing convenient conditions for the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark;

(7) causing other damage to the exclusive right to use a registered trademark of others.

it can be seen from the above provisions on infringement of the exclusive right to use a registered trademark that Hangzhou Green Tea Catering Company most likely sent Meituan. com in accordance with Article 6? Infringement of trademark rights? The dock. So, how to understand the content of article 6? So-called? Deliberately providing convenient conditions for infringement of others' exclusive right to use trademarks? , refers to providing conditions such as warehousing, transportation, mailing, concealment, etc., so as to help others complete the act of infringing the exclusive right to use a trademark. To judge whether Meituan.com's behavior constitutes trademark infringement, first of all, it is necessary to judge whether Meituan.com's behavior is subjective and intentional.

if you provide platform services or help to a merchant who knows that the merchant has infringed the trademark rights of others, then Meituan. com's behavior can constitute trademark infringement, otherwise, it is difficult to conclude that it also belongs to trademark infringement. Secondly, it is necessary to determine what role Meituan.com played in the whole incident. Meituan. com must first negotiate with the merchants offline to determine the content of the group purchase, and then push the information to consumers for consumption. If it is determined that Meituan.com undertakes part of the seller's tasks in the group purchase process, then Meituan.com may be responsible for it. Selling goods that infringe the exclusive right to use a registered trademark? And it constitutes trademark infringement.

as can be seen from the above analysis, meituan. com was sent? Trademark infringement case? The defendant's dock is not wronged, and Hangzhou Green Tea Catering Company is also actively safeguarding its legitimate rights and interests. Of course, the premise of Hangzhou Green Tea Catering Company's rights protection is to do a good job in trademark protection. If your enterprise does not want to be copied, it is necessary to apply for registration of the trademarks used in advance. trademark infringement