walking in the street, the word "typhoon shelter" can be seen everywhere. Typhoon Shelter Tea House, Typhoon Shelter Snacks, Typhoon Shelter Cuisine, Typhoon Shelter Bath ... Typhoon Shelter, is it a corporate name or a flavor snack? In recent years, cases about the nature of "typhoon shelter" have also come one after another. A few days ago, the Shanghai No.1 Intermediate People's Court ruled two cases of unfair competition in typhoon shelters: it was determined that typhoon shelters were the names of distinctive dishes and catering management methods, and could not be monopolized by a certain enterprise.

Fengyun, the registered trademark of Typhoon Shelter at the end of the 21th century

In June, 1999, Shanghai Typhoon Shelter Food Co., Ltd. thought that it was an infringement for an enterprise to use the name of Typhoon Shelter to publicly make shop signs, store supplies and advertisements, and requested Changning District Administration for Industry and Commerce to investigate and deal with an enterprise. At the same time, the company also authorized lawyers to issue a "solemn statement", saying that they have the service trademark of "typhoon shelter" and the exclusive right to use the enterprise according to law, and they should be investigated for other legal responsibilities for using the word "typhoon shelter" without authorization.

This statement really scared the owners of "typhoon shelter flavor cuisine". When did flavor cuisine become an exclusive name of an enterprise? Why is the characteristic flavor that is popular all over the world also infringing?

On August 3rd of the same year, Shanghai Zhujiazhuang Food Co., Ltd. and Shanghai Yinhe Chaogang Chaozhou Cuisine Restaurant jointly submitted an application to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. They applied for ruling that the typhoon shelter BFT' was registered as a trademark for seafood stalls in Wuhou District of Chengdu, and allowed Shanghai typhoon shelter Food Co., Ltd. to use it.

At the end of p>2111-19, the Trademark Review and Adjudication Board, after strict examination and trial, concluded that "typhoon shelter" is not an original word, but a conventional term in the catering industry. Registration as a trademark violates the Trademark Law and the Trademark Review and Adjudication Rules, and violates the principles of good faith and fair competition. In the end, it is also a "typhoon shelter" with its true colors-a paradise for legal operation and fair competition in the catering industry, not a territory monopolized by opportunists.

the story of "typhoon shelter"

what is a typhoon shelter? Why is it popular all over the world?

Every year from June to September, typhoons hit Hong Kong. In order to prevent ships entering and leaving Hong Kong from being attacked by typhoons, in 1862, the Hong Kong government built a harbor for ships to avoid typhoons in Victoria Harbour. In addition to berthing 51 giant ships there, many small ships will also come here to avoid typhoons. * * * There are 11 sheltered places, the largest of which is Causeway Bay, which is called a typhoon shelter by local people.

since 1961s, due to environmental pollution, it is difficult for fishermen who make a living by fishing along the coast of Hong Kong to catch fish in the waters near Hong Kong, and it is difficult to make a living only by fishing. Fishermen who have made the sea their home for generations are reluctant to leave the sea. In contrast, the prosperous Causeway Bay has gradually become the most prosperous consumer and entertainment area in Hong Kong.

Some fishermen set their sights on Causeway Bay and began to sail to Causeway Bay, set up a stove, and managed special food with fishermen's special cooking methods. For example: seafood, porridge, noodles, etc. The most famous ones are "Fried Crab with Chili Pepper in Typhoon Shelter", "Shrimp in Typhoon Shelter" and "Fried Noodles in Typhoon Shelter".

Every night falls, fishing boats with colorful lights dock on the shore in droves, and people enjoy food and enjoy performances in the rowboat, which is a scene of singing and dancing, and gradually forms a "water market".

since 1981s, "typhoon shelter" has been brought ashore with its unique flavor. Since then, Japanese, Singaporean, American, China Mainland and Taiwan Province have quietly set up "typhoon shelters", and some cities have introduced "typhoon shelters" into star-rated hotels.

At the beginning of the new century, "typhoon shelter" has opened a battlefield again

Since p>2111, there has been a surge of articles about "typhoon shelter" in the media. I don't know whether the journalists didn't know the reason for the registered trademark case of typhoon shelters at the end of last century, or whether they were deeply influenced by some typhoon shelters and even talked about "authentic" typhoon shelters. Some media even said "there are only six typhoon shelters in Shanghai". For a time, people who were not famous were confused: "The signboard of' typhoon shelter' can be seen everywhere. Which one is authentic?" "Is the typhoon shelter a restaurant or a bathing place?" "Who is infringing?"

On July 26th, 2112, Shanghai Typhoon Shelter Food Co., Ltd. sued Shanghai Tung Chung Wharf Catering Co., Ltd. again.

Shanghai Typhoon Shelter Food Co., Ltd. said that it was legally registered on September 5, 1998, and has always provided catering services to the society under the name of "Shanghai Typhoon Shelter Food Co., Ltd.". Because of their advertising, the name and brand image of "typhoon shelter" have been strengthened, and "typhoon shelter" has become a well-known service name in the catering industry in Shanghai.

They think that Tung Chung Wharf is also a catering service industry. In the shops on Huaihai Road and Fenyang Road in busy areas, the words "typhoon shelter" are used as signboards, dining tables and advertisements without authorization, which has caused confusion among consumers and infringed on their unique service name and enterprise name right. Tung Chung Wharf Company is required to immediately stop using the word "typhoon shelter" and compensate the economic loss of 511,111 yuan.

"Tung Chung Wharf" shouted injustice

After receiving the complaint, Ms. Wang, the general manager of Tung Chung Wharf, was puzzled: "My father-in-law fought the world in Causeway Bay, and he can tell stories about the origin of typhoon shelters for days and nights; My husband also grew up there, and typhoon shelters have spread all over the world. How can it be said that it is unique to his company? "

Avenue Law Firm accepted the entrustment of Tung Chung Wharf, and found that the words "Typhoon Shelter in Tung Chung Wharf" and "Typhoon Shelter Cuisine" were printed on the facade signs and outdoor advertisements of Tung Chung Wharf, and the slogan "Go into Fisherman's Causeway Bay and enjoy the original typhoon shelter" was printed at the bottom of the menu. However, they also learned about the registered trademark of typhoon shelter and decided that typhoon shelter should not be owned by one enterprise.

court battle: typhoon shelters belong to the people of the world

The court session was held, and Shanghai Typhoon Shelter Food Co., Ltd. and Tung Chung Wharf Catering Co., Ltd. had a heated debate.

Shanghai Typhoon Shelter Food Co., Ltd. issued a business license, a capital verification report and a report from Hongkou District Commercial Committee to prove that the company's name is Typhoon Shelter, indicating that it has legal rights to the name of Typhoon Shelter. In addition, they also issued the Notice of Approval for Change of Enterprise Name, Record of On-site Inspection, photos and invoices about Tung Chung Wharf Catering Co., Ltd., which proved that the infringement of Tung Chung Wharf was enough to cause misunderstanding among consumers.

Tung Chung Wharf Catering Co., Ltd. emphasizes that they don't simply use "typhoon shelter", and the words "typhoon shelter" are all associated with "cooking". Whether it is from the evolution of typhoon shelter, to the clarification of trademark cases of typhoon shelter, to the publicity of typhoon shelter around the world, and to the business registration materials in Hong Kong, it is enough to prove that typhoon shelter is not the original creation of typhoon shelter company.

The judge unveiled the "typhoon shelter"

After half a year's investigation and trial, the court finally concluded that the word "typhoon shelter" was only used to introduce the characteristics of catering services, and was not used in the name of the enterprise. In the long-term and constantly developing business activities, it has gradually become a kind of characteristic flavor dishes and the name of catering management mode widely accepted by consumers. "Typhoon Shelter" cannot be the exclusive service name of a company. Therefore, the use of the word "typhoon shelter" for advertising at Tung Chung Wharf does not violate the provisions of the Anti-Unfair Competition Law, and will not cause consumers to misunderstand and confuse the enterprise. The lawsuit of Shanghai Typhoon Shelter Food Co., Ltd. lacks legal basis.

The lawsuit is not over

Although the lawsuit was won, it did not dispel people's doubts: all the lawsuits about the typhoon shelter ended in the plaintiff's failure, so why should anyone sue? Is the law unfair?

Ms. Wang told reporters that Tung Chung Wharf has not been affected in the past six months, but business has flourished. She believes that as long as your store has its own characteristics, it will definitely attract customers. However, her heart is also angry: "For this inexplicable lawsuit, all the staff and I have suffered great mental harm, and the energy, material resources and manpower spent are incalculable. Since in 2111, the relevant departments have determined that' typhoon shelter' cannot be registered as a trademark, why should the other party file a lawsuit with me? The typhoon shelter belongs to everyone. " Good luck! !