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Tea factory slogan
Modern China Tea Shop sued Yan Guan for unfair competition. Modern China Tea Shop has been recognized by consumers after becoming a brand among network celebrities. As a matter of fact, business has been very good. Chayan Guanse is another brand that rose after the explosion of modern China milk tea shop, but it is highly similar to modern China milk tea shop in decoration, indoor posters and slogans, and beverage list.
Hunan Tea Yue Company, as the plaintiff on August 7, 2020, sued the related companies for unfair competition on the grounds that the defendant used the same or similar decoration logo as the plaintiff. After the trial, the court held that all kinds of identical or similar imitations of tea, face and color have constituted unfair competition, and the relevant companies have false propaganda and false guidance.
The court ruled that the company related to Chayan Guanse lost the case and Chayue Company won the case. The Tianxin District People's Court of Changsha City has heard the case and made a first-instance judgment on April 22, 2002/KLOC-0.
1. Luo Qi Company and Kaijun Shengpin Company will stop advertising with the same or similar decoration as Chayue Company, investment promotion of franchise license and false propaganda of unfair competition nationwide;
2. Luo Qi Company and Kaijun Shengpin Company * * * compensated Chayue Company for economic losses and reasonable rights protection expenses of RMB 6.5438+0.5 million;
3. Luo Qi Company and Liu Qiong Beverage Store * * * compensate Chayue Company for economic losses and reasonable rights protection expenses of 200,000 yuan;
4. Luo Qi Company and Kaijun Upgrade Company issued a statement to eliminate the influence in China Intellectual Property News;
Verb (abbreviation of verb) rejects other claims of Chayue Company.
The above is the judgment of Tianxin District People's Court. From the above, we can clearly see that the consulting company has won the lawsuit. As for whether there will be a follow-up appeal behind it, the defendant has not yet explained it.
This case is actually a very typical case of unfair competition, but in real life, there are actually many similar situations. Many shops keep up with the trend in life, from decoration style to menu making, even to waiter training content, but few businesses sue each other for unfair competition. Perhaps it is because the legal awareness of merchants is not enough, or because there is no brand effect, but this kind of behavior should also be regarded as unfair competition and should not be advocated.
In real life, businesses should also have enough legal awareness and learn to use legal weapons to safeguard their legitimate rights and interests when their legitimate rights and interests are violated. Only when enterprises learn to protect themselves with legal weapons can their development be smoother.
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