Why was the Beijing nine-headed bird cloned
On the eve of the Spring Festival in February p>2112, a Chinese restaurant named Jiutoufeng Restaurant opened in Baijiazhuang, Beijing. The news reached the Jiutouniao Restaurant in the same capital, causing quite a shock. Because the shareholders of Jiutoufeng Restaurant are all old subordinates trained by themselves. Shi Songjun, the legal representative of Jiutoufeng, was the executive deputy general manager of Jiutouniao Hotel Management Company, responsible for the construction of kitchens and new stores, the preparation and research of dishes; Two other shareholders, Shi Baojun and Wu Suling, have also worked in Jiutouniao Restaurant for many years.
In July p>2112, Beijing Jiutouniao Aerospace Restaurant and Beijing Jiutouniao Hotel Management Co., Ltd. sued Beijing Jiutoufeng Catering Co., Ltd. on the grounds of unfair competition, requesting the court to order Jiutoufeng to stop using the name, packaging and decoration similar to "Jiutouniao" and compensate the economic loss of 511,111 yuan.
In February, 2112, Beijing No.2 Intermediate People's Court made a first-instance judgment on this dispute between birds and phoenixes: it ruled that Jiutoufeng Catering Co., Ltd. stopped using the name, storefront signboard, meal order card and window post of Jiutoufeng, which was similar to Jiutoufeng. But rejected the other claims of the nine-headed bird. Shortly after the court's decision, Jiutoufeng Restaurant closed.
For some enterprises that are in the initial stage, the threat from intellectual property is the biggest threat. No matter the injured or the injured, when it comes to intellectual property, many people will think that it is only high-tech enterprises that care about it. Actually, it is not. All enterprises have intellectual property rights. Trade names, registered trademarks and trade secrets are all intellectual property rights. The phenomenon of starting a new business in China is particularly common. I think this is related to the poor protection of intellectual property rights of domestic enterprises.
from this case, we can see that the "nine-headed bird" took up legal weapons and protected its legitimate rights and interests through litigation. However, the shortcoming is that the preventive measures of the "nine-headed bird" are obviously not in place, resulting in the claim for compensation for economic losses not being supported. Shi Songjun holds the core business secrets of the company, but the company has no corresponding restrictive measures, which makes Shi Songjun think it is an opportunity. As Shi Songjun, starting a business by oneself is beyond reproach, but starting a business should be careful not to infringe on other people's intellectual property rights, otherwise it will lead to a devastating blow.