Xiao Sheng Niu lost the lawsuit and was ordered to pay Haidilao 950,000. Xiao Sheng Niu lost the lawsuit and was ordered to pay Hai Di Lao 950,000 because it was believed that Hebei Xiao Sheng Niu Company's use of the words "Haidilao in the cooking world" in its restaurant decorations and WeChat official account constituted a trademark.
Sichuan Haidilao Company sued Hebei Xiaofangniu Company for infringement and unfair competition.
Xiao Shengniu lost the lawsuit and was ordered to pay Haidilao 950,000 yuan.
Xiao Sheng Niu lost the lawsuit and was ordered to pay Haidilao RMB 951,000. On May 13, the WeChat official account of the Beijing Higher People’s Court “Beijingfawangshi” tweeted “Haidilao sued Xiao Sheng Niu” for trademark infringement and unfair competition.
Judgment of the case”.
The tweet showed that Sichuan Haidilao Company sued Hebei Xiaofangniu Company because it believed that the defendant Hebei Xiaofangniu Company’s use of the words “Haidilao in the cooking world” in its restaurant decorations and WeChat official account constituted trademark infringement and unfair competition.
to the court.
Recently, the Beijing Dongcheng Court pronounced its verdict on the case, ruling that Hebei Xiaofangniu Company should stop the use of the product involved in the case, publicly eliminate the impact, and compensate Sichuan Haidilao Company for economic losses and litigation expenses of 950,000 yuan.
After the verdict of the case was announced, the plaintiff and defendant did not file an appeal, and the case is now in effect.
Previously, Hebei Xiaofangniu Company argued that the dishes sold by the plaintiff and defendant were different and did not belong to the same or similar services and goods, so there was no competitive relationship; the use of the word Haidilao was a description of high quality and did not constitute a trademark.
Sexual use will not confuse or mislead consumers.
After hearing in accordance with the law, the Dongcheng Court held that the accused logos were prominently marked on posters, menus, tableware, employee clothing, etc., and the word "Haidilao" was often highlighted, and because the "Haidilao" trademark was well-known,
It is easier for consumers to focus on these three characters. Without detailed identification, some consumers will be attracted by the words "Haidilao".
At the same time, when "Haidilao" is a well-known catering service trademark and "stir-fried vegetables" obviously belongs to the category of catering services, this sentence can also be easily understood as referring to the stir-fried catering services operated by the owner of the "Haidilao" trademark, or there are specific
Association goes beyond mere description.
In the end, the court ordered the defendant Hebei Xiaofangniu Company to immediately stop using the "Haidilao" logo. In view of the high popularity of the plaintiff's trademark, the defendant continued to use the logo in a large number of stores even after the plaintiff sent two legal letters.
The plaintiff, Sichuan Haidilao Company, was awarded full compensation for the economic loss of 900,000 yuan claimed and its reasonable expenses of 50,000 yuan were awarded as appropriate. The defendant was also ordered to publish a statement in the Rule of Law Daily to eliminate the impact on the plaintiff.
Xiaofangniu lost the lawsuit and was ordered to pay Haidilao RMB 952,000. On May 13, according to news released by the WeChat public account "Beijing Fawangshi" of the Beijing Higher People's Court, Haidilao sued Xiaofangniu for trademark infringement and unfair competition.
The verdict was announced. The Beijing Dongcheng Court ordered Hebei Xiaofangniu Company to stop the use of the product involved in the case, publicly eliminate the impact, and compensate Haidilao Company for economic losses and litigation expenses of 950,000 yuan.
Haidilao said in an interview with a Beijing News reporter that the compensation will be used for assistance programs related to intellectual property protection for catering companies.
Sichuan Haidilao Company sued Hebei Xiaofangniu Company to court because it believed that Hebei Xiaofangniu Company’s use of the words “Haidilao in the cooking industry” in its restaurant decorations and WeChat public accounts constituted trademark infringement and unfair competition.
On May 13, "Jingfa Net Affairs" showed that the Beijing Dongcheng Court pronounced its verdict on the case, ruling that Hebei Xiaofangniu Company should stop the use of the product involved in the case, publicly eliminate the impact, and compensate Haidilao Company for economic losses and litigation expenses of 950,000 yuan.
After the verdict of the case was announced, the plaintiff and defendant did not file an appeal, and the case is now in effect.
In response to this matter, Haidilao responded to the Beijing News reporter saying that the court’s fair judgment effectively safeguarded the company’s legitimate rights and interests.
At the same time, the judgment also highlights the firm attitude of my country's judicial institutions and relevant departments to strengthen intellectual property protection and create a good business environment.
In order to promote the awareness of intellectual property rights in the catering industry and implement the effect of brand intellectual property protection, Haidilao decided to cooperate with the agency Chaocheng Law Firm to use the compensation awarded by the court for the "Ten Hundred Thousand Assistance Plan for Intellectual Property Protection of Catering Enterprises".
Haidilao introduced that the plan will provide 10 medium-sized catering companies with diagnostic reports on trademark protection status and optimization suggestions, provide 200 small and micro enterprises and entrepreneurial catering enterprises with 200 trademark registration agency assistance, and provide 300 small and micro enterprises or entrepreneurial catering enterprises with 200 trademark registration agency assistance.
Catering companies provide free consultation and assistance from professional intellectual property lawyers, and provide special training assistance for intellectual property companies to 1,000 catering companies.
Xiaofangniu lost the lawsuit and was ordered to pay Haidilao RMB 953,000. Because some stores promoted it as "Haidilao in the cooking world", Hebei Xiaofangniu Catering Management Co., Ltd. (hereinafter referred to as "Xiaofangniu") was sued by Sichuan Haidilao Catering Co., Ltd.
The company (hereinafter referred to as "Haidilao") went to court and claimed 1 million yuan.