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

Published: 2026-01-27 Author: FrontStreet Coffee

Last Updated: 2026/01/27, When you're famous, troubles follow. The recent "Cha Yan Yue Se" has been far from peaceful! First, "Cha Yan Guan Se" sued "Cha Yan Yue Se" for infringement, then "Cha Yan Yue Se" sued "Cha Yan Guan Se" for unfair competition, and then another "Cha Yan Yue Se" emerged, with the trademark bureau approving an "infringing" trademark... When one after another

Popularity Breeds Controversy

The recent "Cha Yan Yue Se" brand has been embroiled in continuous controversy! 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, followed by another challenger "Cha Yan Yue Se" managing to get a trademark approved despite being identified as infringing...

The Imitation Game

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

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

Is it really that exaggerated? Is it really that exaggerated? Is it really that exaggerated? After launching "Youx Latte" and "XX Oolong," this beverage shop attracted waves of netizens to check in within just a few days, thanks to their 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 to the back of the line!

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

When asked why they were willing to wait in such long queues, 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! But 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 in the market have also replicated the same beverages. Some simply copied the entire menu, with numerous "Cha Yan Yue Se" drink names appearing on their menus. Without imitating the store name and decor, just replicating the milk tea names – does this infringe on "Cha Yan Yue Se's" intellectual property rights? "Cha Yan Yue Se" must have applied for trademark registration for their signature beverages, right!

Indeed, "Orchid Latte" has applied for trademark registration, but it's still pending substantive review, which means the trademark hasn't been successfully registered yet. As for "Sound Oolong," it's in an even worse state of non-acceptance...

Before the trademark is successfully registered, this means "Cha Yan Yue Se" hasn't yet obtained the trademark rights for "Orchid Latte" and "Sound Oolong." Therefore, other milk tea shops launching replica versions and using the same names on their menus doesn't 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 these merchants using "Orchid Latte" and "Sound Oolong" as milk tea names could constitute infringement. Similarly, if "Cha Yan Yue Se" applies for patents on their beverage recipes, whether directly replicating 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 quickly shift their targets! Much safer... Maybe they can also create their own success story through replication, just like this milk tea shop!