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Where to join the old city a pot?
Chinese Court News Old Cheng Yi (Beijing) Hotel Management Co., Ltd. and its shareholders are the right holders of the "Old Cheng Yi" word mark and the "Sheep Bone Graphic" graphic mark, and they have licensed the two trademarks to 130 restaurants to operate the "Old Cheng Yi Pot" Sheep Scorpion Hot Pot. Ltd. and its shareholders are the right holders of the trademarks of "Lao Cheng Yi" and "Sheep Bone". Recently, the company found that Mr. Zhang used the same "sheep bone graphic" and similar "old city pot" characters on the signboards of the restaurants operated by the company, for this reason, the old sincerity of the company sued to the court, requesting Mr. Zhang to immediately stop infringing on the rights of the company and compensate for the damages. Recently, Beijing Fengtai District People's Court organized an exchange of evidence between the two sides. Old Cheng Yi Company claimed that the company is the exclusive right holder of the registered trademark of "Lao Cheng Yi", and authorized 130 restaurants to operate "Lao Cheng Yi Pot" scorpion hot pot, which has a very high brand effect, and is currently used in Beijing, Liaoning, Tianjin, Shaanxi and more than ten provinces, The trademark has a very high brand effect and is now highly recognized in Beijing and more than ten provinces and cities such as Liaoning, Tianjin, Shaanxi and so on. Last year, the company found that Mr. Zhang used the "sheep bone icon" on the signboard of the restaurant operated by the company without authorization, which its shareholders have the exclusive right to use the trademark, and used the words "Lao Cheng Yi Pot", which are similar to the trademark "Lao Cheng Yi", on the signboard, and the signboard had a similar character of "Lao Cheng Yi Pot". "The color and graphic combination of the signboard were similar to the signboard of the "Lao Cheng Yi Pot" sheep scorpion hot pot restaurant operated under the authorization of the company, which was sufficient to cause misrecognition by the consumers, and its behavior infringed the trademark right and constituted unfair competition. Therefore, the company sued the court, demanding Mr. Zhang to stop the infringement immediately and compensate for the loss of more than 56,000 yuan. At the same time, the two shareholders of Lao Cheng Yi Company, as the right holders of the trademark "sheep bone graphic", also sued Mr. Zhang for trademark infringement and demanded him to stop the infringement immediately and compensate for the loss of 55,000 RMB. During the exchange of evidence, Mr. Zhang's attorney said that the words used in the signboard of the restaurant "Old Town One Pot" and the trademark "Old Cheng Yi" did not constitute a similarity, and the graphic of the sheep bone belongs to the graphics of the general product, which is a reasonable use, and they have also replaced the signboard. In addition to submitting evidence to prove the trademark awareness and notarized facts of infringement, the attorney for the old Chengyi company also put forward, when it went to Mr. Zhang's restaurant at noon to eat, found that the restaurant chopsticks packaging is still using the infringing logo, and submit evidence to the court in kind. At present, the case is under further consideration.