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Home Uncategorized After being sued for trademark infringement, chayan Yuese counterclaimed against chayan guanse. Who are you standing for?

After being sued for trademark infringement, chayan Yuese counterclaimed against chayan guanse. Who are you standing for?

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I didn’t have any idea about the fire of milk tea shop before, but since I saw the grand occasion of the first business day of tea Yan Yuese Wuhan store, I understand

line up for 8 hours and limit the purchase of 4 cups. In addition to those who line up, some people ask the delivery boy to run errands to buy them at the price of 100 yuan a cup. For a cup of milk tea, young people are really “Crazy” now

why can yanyuese milk tea, known as “Hunan specialty”, be so popular

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on December 28, 2013, chayan Yuese was founded and developed from a small store of less than 30 square meters to an online black milk tea with more than 200 stores, relying on the business philosophy of caution and restraint

before tea Yan Yuese went out of Changsha, foreign customers could only buy tickets to Changsha to drink his milk tea. Driven by curiosity, a large number of consumers go to punch in and continue to expand the influence of their brand

in addition, it depends on the taste and materials to survive in the market where milk tea blooms everywhere. Now the materials in its stores are distributed weekly by Changsha, and warehouses are set up in the stores to form a “one store one warehouse” mode

originally, the operation and expansion of chayan Yuese were proceeding in an orderly manner, but unexpectedly, “Cheng Yaojin was killed on the way”, and a milk tea shop called chayan guanse took it to court

Chayan Yuese was sued for trademark infringement

in Changsha, in addition to chayan Yuese milk tea shop, there is also a milk tea brand called chayan guanse, whose name is only one word different

in April 2020, chayan guanse sued chayan Yuese to the court for compensation of 210000 on the grounds of infringement of its trademark right , and issued a statement of apology to eliminate the adverse effects

searching the China Trademark network, it is found that the “Cha Yan Guan se” trademark originally registered in 43 categories is an individual registration. After changing hands in 2018, a banner Catering Management Co., Ltd. in Guangzhou (Guangzhou Cha Yan Guan SE) obtained the exclusive right to use the trademark

the company has successively opened “chayan guanse” milk tea shops in Shangsha, Zhuzhou and other places, and authorized the milk tea shops to use its “chayan guanse” trademark

in 2013, a Hunan Catering Management Co., Ltd. (Hunan chayan Yuese) first applied for No. 13317124 “chayan Yuese” trademark, which was designated to be used in 43 categories. Since then, the company has also applied for 64 “chayan Yuese” trademarks in many other categories

in December 2013, Lu opened the first “tea Yan Yue se” store in Changsha, and used the “tea Yan Yue se” logo on tea beverage packaging, store door and interior decoration

on April 8, 2020, Yuelu District Court of Changsha concluded the case in the first instance: rejected all claims of chayan guanse

after hearing, the court of first instance held that as a competitor in the same industry, Guangzhou Chayanguanse should know the popularity of “chayanyuese”, but it still used the registered trademark “Chayanguanse” as a right trademark and filed a trademark infringement lawsuit against the registered trademark “chayanyuese”, with obvious subjective malice and in violation of the principle of good faith

therefore, the court of first instance rejected all the claims of Guangzhou chayan guanse

it is understood that chayan guanse didn’t sell tea at first. Later, I saw the fire of chayan Yuese milk tea. It rubbed a wave of heat in store decoration, commodity packaging and name copying

therefore, many netizens ridiculed the lawsuit of chayan guanse and chayan Yuese for “Li Gui cracking down on fake Li Kui”. Finally, the clown was himself

chayan Yuese also responded forcefully to the earlier infringement allegations: counterclaim against the unfair competition of chayan Yuese

at the beginning, chayan Yuese had no money and energy to sue Shanzhai for their rights. She also wrote on the small ticket: we’ll sue them when we have money. Not long ago, this sentence has been changed to: “we have now made a little money and began to sue them.”

on January 4, 2021, the Tianxin District Court of Changsha held a court session to hear the case of unfair competition brought by chayan Yuese against chayan guanse

tea Yan Yuese counterclaims against tea Yan Yuese

tea Yan Yuese believes that the use of decoration similar to tea Yan Yuese in publicity and store decoration by tea Yan Yuese party belongs to confusion and constitutes unfair competition

therefore, the defendant I, a certain banner in Guangzhou, the defendant II, a certain rise in Guangzhou and the defendant III, a closed chayan color viewing shop in Changsha were sued, and the court was requested to judge the defendant I and the defendant II to stop the infringement and compensate 1.5 million yuan; Request to order the three defendants to stop infringement and compensate 700000 yuan

the defendant denied the relevant contents

the trial lasts for 4 hours. Both the plaintiff and the defendant fully their respective views, and the court will choose a date for sentencing

I support tea Yan Yue se, because I think it is well-known and I know it better.

I’m on the side of chayan Yuese, because I don’t think chayan Yuese has committed any infringement, but chayan’s view of color violates some credit principles.

if it were me, I would choose tea color. After all, although the trademarks are similar, they are not the same, and they cannot belong to the occupation of trademarks.

I stand at chayan Yuese, because chayan Yuese has been open for many years and has many branches, and chayan Yuese should be jealous of others’ good business, so I go to sue others, and chayan Yuese has also changed the boss. Why do you say that others are stealing your icon?

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