Ma Wuwang Beverage Factory's Milk Tea Boldly "Copied" "Cha Yan Yue Se" Yet Didn't Infringe? Netizens: Oh Wow, Learned Something!

Popularity Breeds Controversy

The "Cha Yan Yue Se" brand has recently been caught up in one controversy after another. First, "Cha Yan Guan Se" sued "Cha Yan Yue Se" for infringement, then "Cha Yan Yue Se" countersued "Cha Yan Guan Se" for unfair competition, and then another challenger "Cha Yan Yue Se" managed to get a trademark approved despite being identified as infringing.

The Imitation Game

While everyone was still busy playing trademark loopholes, a milk tea shop in Nanjing replicated "Cha Yan Yue Se's" signature drinks, naming them "Youx Latte" and "XX Oolong."

You might wonder how many people would actually drink these "imitation" beverages. Surprisingly, after launch they became incredibly popular, with sales reaching a level where one cup was hard to find.

Is that really such an exaggeration? After launching "Youx Latte" and "XX Oolong," this beverage shop attracted wave after wave of netizens within just a few days, thanks to its low prices and flavors remarkably similar to "Cha Yan Yue Se's" "Orchid Latte" and "Sound Oolong."

"Super long queues" appeared outside the milk tea shop, with waiting times of at least one hour from the front of the line to the back.

And even after waiting more than an hour, you might not necessarily get these two popular drinks.

When asked why they were willing to wait in such long lines, many answered: "Isn't it because 'Cha Yan Yue Se' only operates in Changsha? I recently saw everyone talking about this shop replicating 'Orchid Latte' and 'Sound Oolong' with exactly the same taste, so I came. I didn't expect so many people. Since I'm already here, I don't mind waiting a bit longer."

Trademark and Intellectual Property Issues

Besides this shop, many other milk tea shops on the market have replicated the same beverages. Some simply copied the entire menu, with numerous "Cha Yan Yue Se" drink names appearing on it. Without imitating the store name or decor, and only replicating the drink names, does this infringe on "Cha Yan Yue Se's" intellectual property rights? "Cha Yan Yue Se" must have applied for trademark registration for its signature drinks, right?

Indeed, "Orchid Latte" has had a trademark registration application filed, but it is still pending substantive review, which means the trademark has not yet been successfully registered. As for "Sound Oolong," it is in an even worse position, in a state of non-acceptance.

Until a trademark is successfully registered, "Cha Yan Yue Se" has not yet obtained the trademark rights to "Orchid Latte" and "Sound Oolong." So other milk tea shops launching replica versions and using the same names on their menus does not currently constitute trademark infringement.

Key Points

Key point: only for now. If "Cha Yan Yue Se" later obtains the exclusive rights to the registered trademark for "Orchid Latte," then merchants using "Orchid Latte" and "Sound Oolong" as milk tea names could constitute infringement. Similarly, if "Cha Yan Yue Se" applies for patents on its beverage recipes, then whether directly replicating them or creating similarly tasting milk tea through personal tasting and research would also constitute infringement.

Netizens responded: Oh, I've learned something. Those still working hard to infringe on "Cha Yan Yue Se's" trademark should shift their targets quickly, because it is much safer. Maybe they can also build their own success story through replication, just like this milk tea shop.

Other netizens said: delicious, affordable, and convenient to buy, that is the truth.

Source and Credits

Image source: Internet

FrontStreet Coffee Recommendation

If what you really want is a good milk tea, the base matters as much as the milk, and that base is a well-extracted espresso. FrontStreet Classic Blend was designed specifically for espresso and moka pot use and is the strongest crema performer of the lineup, following the traditional Mamba recipe for a full, gentle body that reads as butter, toasted bread, and caramel biscuit. It is the natural choice for a latte, a cappuccino, or a Dirty.

For those who prefer a nuttier profile, FrontStreet Specialty Blend pairs washed Colombian beans with semi-washed Brazilian beans and shows nuts, dark chocolate, and caramel with almond, walnut, and creamy notes in milk. FrontStreet Commercial Blend adds a touch of Robusta for extra golden-brown crema and a heavier, more caramel-forward body, while FrontStreet Black Cocoa Blend uses 100% Arabica for ample crema and a mellow, wallet-friendly cup.