The court held that no matter from the aspects of font, pronunciation, composition, color, or the dishes operated by the plaintiff and the defendant, the general consumers would not misunderstand the source of the catering service of Haidilao or think that its source has a specific connection with the plaintiff's registered trademark Haidilao, so the defendant Haidilao restaurant does not constitute an infringement of the trademark right of the plaintiff Haidilao Company's registered trademark "Haidilao".
Extended data
"sea fishing" and "river fishing"
Haidilao, founded in 1994, is a large-scale inter-provincial direct catering brand hot pot restaurant, which specializes in Sichuan-style hot pot and integrates the characteristics of local hot pots. The full name of Sichuan Haidilao Restaurant Co., Ltd. Haidilao has more than 100 chain restaurants in Jianyang, Beijing, Shanghai, Shenyang, Tianjin, Wuhan, Shijiazhuang, Xi 'an, Zhengzhou, Nanjing, Guangzhou, Hangzhou, Shenzhen, Chengdu, Chongqing, South Korea, Japan, Singapore, the United States and other countries.
"Hedilao" restaurant was approved and registered on September 20, 20 18, and its business scope is Chinese food service. Its business address is at the west end of the second floor of Renmin Road 105, Yuhua District, Changsha City, Hunan Province. The signboard above the main entrance of Hedi Old Restaurant is "Hedi Old Home Cooking", the signboard on the right side of the main entrance is "Hedi Old, Eat Fresh Dongting River Bottom", and the wooden signboard at the main entrance is.
Among them, Fishing at the Bottom of the River is in the form of artistic figures as a whole, in which the three dots of the word "river" present the artistic form of the river, and the dots below the word "bottom" are replaced by a fish-shaped image. There is a lively fish above the whole signboard.
People's Daily-Haidilao sued Haidilao for infringement and was dismissed. Court: There will be no misunderstanding.