ChaYanYueSe Successfully Sues ChaYanGuanSe, Battle Between Authentic and Counterfeit Brands! Is ChaYanYueSe Milk Tea Delicious?

Introduction: The Legal Battle Begins

In April 2020, "ChaYan GuanSe" sued "ChaYan YueSe" for trademark infringement, but lost the case! In January 2021, "ChaYan YueSe" countersued "ChaYan GuanSe" for unfair competition and won!! This series of legal maneuvers immediately attracted a wave of netizens who sat in front of their screens with Sheng Sheng Oolong and Orchid Latte, enjoying the drama. Let's sort out the entire sequence of events.

Trademark History

According to reports, the "ChaYan GuanSe" trademark was first registered in 2008. Due to lack of success, the trademark was transferred several times and finally obtained by Guangzhou Luoqi Company, which authorized the trademark to related milk tea shops in 2017. Meanwhile, the "ChaYan YueSe" trademark was registered in 2013 and began to be used and promoted in the same year, gaining recognition from consumers and achieving high popularity in Changsha. The four-character trademark "ChaYan YueSe" thus acquired distinctiveness and significance.

At that time, the owner of "ChaYan YueSe" lacked awareness of copyright and trademark protection, failing to take more legal measures to protect the "ChaYan YueSe" trademark. They never imagined that there existed another trademark with such similar wording that would sue them for infringement. (Key point: At that time, both brands' trademarks consisted only of characters, without any character images.)

Later, in 2017, "ChaYan YueSe" added an image of a gentle woman based on their original trademark and re-registered it. At the same time, "ChaYan YueSe" completely renovated their milk tea shops with a new style and continuously launched tea drinks with ancient-style names, attracting a wave of young customers to visit and take photos.

The Legal Dispute

At this point, "ChaYan GuanSe" began their imitation operations. Since "ChaYan YueSe" only had stores in Changsha, "ChaYan GuanSe" took advantage of this, imitated the shop style, and opened stores in multiple cities, even abroad. Their business showed considerable improvement, but their popularity still couldn't match "ChaYan YueSe," so they decided to sue "ChaYan YueSe" to gain热搜 traffic and public attention.

Obviously, this lawsuit failed! The reason, according to the court's review of the scope of use, was that the two trademarks' scopes of use were not the same. "ChaYan YueSe" stores do not provide tea house services such as refills with additional ingredients. Their trademark mainly identifies the source of goods rather than services, and did not exceed its approved scope of use. The court also pointed out that Guangzhou Luoqi Company, despite being aware of "ChaYan YueSe"'s popularity, still allowed other milk tea shops to use the "ChaYan GuanSe" trademark, violating the principle of good faith. Therefore, it was determined that "ChaYan YueSe" did not constitute trademark infringement.

"ChaYan YueSe" expressed great dissatisfaction with this lawsuit and countersued Liu Qiong Beverage Store and Guangzhou Luoqi Company, to which "ChaYan GuanSe" belongs, for unfair competition. The countersuit pointed out that "ChaYan GuanSe" used similar decoration, shop layout, and trademark images to "ChaYan YueSe," which constituted confusion and unfair competition. "ChaYan GuanSe" only developed after "ChaYan YueSe" had already gained some popularity, and as the subsequent user of the trademark, they should have made way.

The Verdict and Aftermath

In this countersuit, "ChaYan YueSe" won! Netizens cheered: Justice may be delayed, but it will inevitably arrive!! Do you think the case ended here? Not yet! "ChaYan GuanSe" refused to accept the defeat and appealed on the spot... (really stubborn!), but the court rejected it!

After this victory, "ChaYan YueSe" immediately announced this matter! They also provided benefits to netizens who supported the brand. The case is not yet over, and it's too early to draw conclusions about whether there will be further developments. However, from this incident, it's clear that the law will inevitably protect the legitimate rights and interests of operators who honestly use unique names and trademarks, upholding the principle of market fairness.

Image source: Internet

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