Why was China's awareness of intellectual property so weak when the modern China tea shop counterclaimed?

Modern China Tea Shop counterclaimed that unfair competition in tea viewing was hotly searched, and the official of Modern China Tea Shop explained the matter. Modern China Tea Shop said that due to the lack of copyright awareness and trademark awareness at the beginning of its establishment, only a few types of trademarks were initially registered, which led to being sued by shanzhai brands. Modern China Tea Shop stressed that she is now suing Cha and will fight the infringement to the end. According to the news of China Trial Network, 202 1 65438, a famous domestic tea brand, Modern China Tea Shop, sued Yan Guan for unfair competition. 1 Yue On the morning of June 6th, the topic of counterclaiming tea beauty in Weibo's upper modern China tea shop continued to heat up. By the time of1October 7th, 65438+ 14, this topic had been read 380 million times and discussed 14000 times.

Prior to this, in April 2020, Cha Yan Yue Se was sued for trademark infringement by Cha Yan Guan Se, who demanded compensation of 2 10000 yuan from Cha Yan Guan Se, which was finally rejected by the court; 654381October 4th, Cha Yanyue, who won the case for the first time, sued Cha for unfair competition. After more than four hours of trial, the court announced the date of sentencing. At present, the case is still under trial. It is reported that Modern China Tea Shop has nearly 200 branches since it opened its first branch in Changsha in February 20 13. On May 20 19, a tea shop named Cha Yan Guan Se opened in Changsha, which is only one word different from the modern China tea shop. Subsequently, the two sides fell into a protracted intellectual property dispute. According to China Trademark Network, the trademark of Modern China Tea Shop was first registered by Hunan Chayue Catering Management Co., Ltd. (hereinafter referred to as Hunan Chayue Company) on 20 1318 October on 35, 43 and 30 categories of goods and services.

On September 22nd, 2004, Chai Zejun applied for the trademark of Chayan litigation in 43 categories of goods and services, and registered it on March 4th, 2008. The trademark is valid from March 4, 2008 to March 3, 2028. Approved goods/services include teahouses, cafes, restaurants, etc. After many changes of hands, Guangzhou Lodge Catering Management Co., Ltd. (hereinafter referred to as Guangzhou Lodge Company) obtained the exclusive right to use the trademark. Previously, in Chayan's lawsuit, Luo Qi Company, as the plaintiff, believed that the trademark of Chayan's lawsuit had been registered as early as 2008, earlier than the modern China Tea Shop, and the shape, sound and meaning of the trademark were very similar to those of Chayan's lawsuit, which constituted trademark infringement.

However, the Yuelu District Court of Changsha made a judgment in April 2020, and found that the reasons for not constituting trademark infringement were as follows: the approved scope of use of the registered trademark Modern China Tea Shop was different from that of Cha Yan Guan Se; Secondly, judging from the similarity of the trademark itself, there is only one word difference between the modern China tea shop and the tea Yan Guan Se, but the pictures are not the same, and the font, meaning and overall structure of the pictures are very different; Third, although the trademark of modern China Tea Shop was registered late, it was promoted early, with high brand awareness, distinctive features and great significance. Fourth, although tea is made up of modern China tea shops and Yue Se, it is the whole modern China tea shop that plays an identification role, which does not constitute infringement. Since the modern China tea shop won the lawsuit of the modern China tea shop, why did the latter sue the former? In the view of Modern China Tea Shop, in 20 13, the founder of Modern China Tea Shop, Lu Liang, created and completed the design of the relevant elements of Modern China Tea Shop, such as the picture of a lady and the advertisement of new Chinese fiber tea, and registered the copyright. After forming a certain influence in the hearts of consumers, it was copied by the tea court.