On the eve of the Spring Festival in February 2002, a China restaurant named Jiutoufeng opened in Baijiazhuang. The news reached the Jiutouniao Hotel in the same capital, causing quite a shock. Because the shareholders of Jiutoufeng restaurant are all old subordinates trained by themselves. Shi, the legal representative of Jiutouniao, used to be 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 2002, Beijing Jiutouniao Aerospace Restaurant and Beijing Jiutouniao Hotel Management Co., Ltd. sued Beijing Jiutouniao Restaurant Co., Ltd. on the grounds of unfair competition, requesting the court to order Jiutouniao to stop using the name, packaging and decoration similar to "Jiutouniao" and compensate the economic loss of 500,000 yuan.

From June, 5438 to February, 2002, Beijing No.2 Intermediate People's Court made a first-instance judgment on the dispute between Bird and Phoenix: it ordered Jiutoufeng Catering Co., Ltd. to stop using the name of Jiutoufeng, store signs, ordering cards and window stickers 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 in the initial stage, the threat from intellectual property rights is the biggest threat. No matter the injured or the injured, when it comes to intellectual property rights, many people think that only high-tech enterprises care. Actually, it is not. Any enterprise has intellectual property rights. Enterprise names, registered trademarks and trade secrets are all intellectual property rights. Entrepreneurship is particularly common in China. I think this is related to the poor protection of intellectual property rights of domestic enterprises.

It can be seen from this case that the "nine-headed bird" took up legal weapons and defended its legitimate rights and interests through litigation. However, the deficiency is that the preventive measures of the "nine-headed bird" are obviously not in place, which leads to its claim for compensation for economic losses being unsupported. Shi holds the company's core business secrets, but the company has no corresponding restrictive measures, which makes Shi think it is an opportunity. As Shi said, it is understandable to start your own business, but you should be careful not to infringe on the intellectual property rights of others, otherwise it will lead to a devastating blow.