Milk tea is now a lot of young people's renewal of food, a variety of net red milk tea is also endless, a variety of brands are available, the most typical is the happy tea, tea color, honey snow ice city, Lujiao Lane and so on. But what we are talking about today is another net red milk tea? A little bit of milk tea.

Because? A little bit sweet or not? store signage, merchandise packaging, decoration and other aspects of the use of the same ? A Little Bit? will be the first to use the same logo in the market. A Little Bit of Sweet? (hereinafter referred to as "the company"). Guangzhou Future Catering Management Service Co. (hereinafter referred to as "Future Company") (hereinafter referred to as "Future"), claiming that the company had infringed on trademark rights and unfair competition.

1.? A little bit of ?vs? A little bit of sweet or not?

A little bit?

Sangen Restaurant Management (Shanghai) Co. The root of the company?) The legal representative of the building more deep, the company opened a number of? A little bit? brand milk tea stores.

The company found that the future of the company? A little bit of sweet? similar logo, the company sued the future company, claiming that the company infringement of trademark rights and unfair competition.

The company filed a lawsuit with Guangzhou Huangpu District People's Court, which held that the future company's behavior infringed on the company's exclusive right to use its registered trademark as well as constituted unfair competition, and imposed a discretionary sentence of 480,000 yuan in damages on the future company. The future company replied that its own company used a blue label with a blue background, while the trademark of Roots was green with a yellow background, in which the trademark "Dot Dot Dot" was used for a blue label with a blue background. Dot Dot Dot? The two words are completely different, the two do not constitute the same or similar.

Secondly, the infringing logo is only used on the cups of milk tea products in the official website of the future company, and is not used as the signboard of the milk tea store, and does not appear in the physical store or any physical trademark, which is considered unlikely to constitute trademark infringement.

2, the future of the company appealed

For the future of the company's appeal, the Guangzhou Intellectual Property Court in accordance with the law, for the first instance of the Court of the facts, the two sides have no objection, the Court will be confirmed.

Guangzhou Intellectual Property Court held that, in this case, Future's use of the signboards, packaging and decoration in its milk tea and beverage stores infringed on its exclusive right to use the registered trademark in question, and that the first-instance finding that Future infringed on Roots's exclusive right to use the registered trademark was lawful and reasonable, and it was affirmed.

As for the amount of compensation, the Court of First Instance determined that it was not inappropriate for Future to pay compensation of RMB 480,000 (including economic loss and reasonable expenses) to Roots, and upheld the decision.

According to Trademark.com, as early as 1995, someone applied to register ? A little bit? Trademark, so far,? A little bit? The trademark **** has been applied for registration 130 times, including ? A little bit? ,? A Little Bit of Sour Cream Cow? and "Bite-Size Yogurt Cow," and "Bite-Size Oolong Tea. Oolong Tea? A little bit of oolong tea, a little bit of black tea, a little bit of black tea. A little black tea? A little bit of black tea. A little green tea? etc. However, these are not what we call a little bit of milk tea.

So when you line up for a long time to finally buy a little bit of milk tea, drink may be fake milk.

3, the net red store how to? Counterfeiting?

For the net red food and beverage stores, it is itself subject to the supervision of the market regulator. For the general net red food and beverage stores, such as antler alley, 1 point point, hi tea, bao chef and other types of enterprises, the market regulatory agencies are generally able to contact the holder of the trademark through the internal system, requiring the trademark holder to produce a complete set of materials about the trademark, and asked to identify which belongs to the ? authorized? s stores, which makes it simple to identify the real ones and penalize them.? The so-called fake Netflix store, we generally sense that is the store infringes the trademark holder's trademark rights, can be based on the trademark holder's application, we in accordance with the provisions of the initiation of an investigation into the cottage store in accordance with the relevant laws and regulations of intellectual property rights to be punished.?