The first instance verdict of Cha Yan Yuese suing Cha Yan Guanse, which side won?

Cha Yan Yuese won the lawsuit, and the court ruled that Cha Yan Yuese lost the lawsuit.

Chayanyuese can be said to be a new Internet celebrity brand. Through its online promotion, it has become a business card of Changsha and has great influence, while Chayanguanse is an imitation company. As a result, Cha Yanyue took her to court. Chayan Yuese sued Chayan Guanse for unfair competition.

After Cha Yan Yuese became an Internet celebrity brand, it was relatively recognized among consumers. In fact, its business has always been very good. Cha Yan Guan Se is another brand that emerged after Cha Yan Yuese became popular, but its decoration, indoor posters and slogans, and beverage list are all highly similar to Cha Yan Yuese.

Hunan Chayue Company acted as the plaintiff on August 17, 2020, and sued Chayangguanse-related companies in court on the grounds that the defendant’s use of the same or similar decorative logo as the plaintiff constituted unfair competition. . After a trial, the court held that the various identical or similar imitation behaviors of Cha Yan Guan Se constituted unfair competition, and that the relevant companies had false propaganda and misguidance. The court ruled that the company related to Cha Yan Guan Se lost the case and Cha Yue Company won the case.

The Tianxin District People’s Court of Changsha City has scheduled a hearing on this case and made a first-instance judgment on April 22, 2021.

1. Luoqi Company and Kaijun Shengpin Company shall stop advertising, franchise licensing investment promotion, false propaganda and unfair competition nationwide with the same or similar decoration as Chayue Company;

2. Luoqi Company and Kaijun Shengpin Company *** jointly compensate Chayue Company for economic losses and reasonable rights protection expenses of 1.5 million yuan;

3. Luoqi Company and Liu Qiong Beverage The store *** also compensated Chayue Company for economic losses and reasonable rights protection expenses of 200,000 yuan;

4. Luoqi Company and Kaijun Shengpin Company published an article in the "China Intellectual Property News" to eliminate the impact Statement;

5. Reject Chayue Company’s other claims.

The above is the content of the judgment of the Tianxin District People's Court. From the above content, we can clearly see that the company has won this lawsuit. As for whether there will be subsequent appeals, the defendant has not yet issued a statement.

This case is actually a very typical unfair competition case, and in real life, there are actually many similar situations. There are many situations in life where stores follow the trend. There are many stores that are very similar in terms of decoration style, menu production, and even waiter training content. However, few businesses sue each other for unfair competition. Maybe it’s because the merchants don’t have enough legal awareness, or maybe it’s because there is no brand effect, but this kind of behavior should also be regarded as unfair competition and should not be promoted.

In real life, businesses should also have sufficient legal awareness and learn to use legal weapons to protect their legitimate rights and interests when their legitimate rights and interests are infringed. Only when enterprises learn to use legal weapons to protect themselves can enterprises develop more smoothly.