Beijing Winter Olympics Mascot Bing Dwen Dwen Goes Viral! Could Coffee Shops Selling Bing Dwen Dwen and Shuey Rhon Rhon Lattes Face Infringement Issues?!

"I just want one Bing Dwen Dwen, but it's so hard to get one. I'm thinking of making one myself. Do you think I can succeed?"

With the opening of the Beijing Winter Olympics, Bing Dwen Dwen suddenly became incredibly sought-after. Recently, Bing Dwen Dwen has transformed into a "Niohuru·Bing Dwen Dwen," emitting a magical aura that says, "You ignored me when I was ordinary, but now I'm beyond your reach." Somehow, this magic has suddenly made people interested in this chubby panda...

Although this "sugar-coated hawthorn astronaut panda" was unveiled in September 2019, officials had been selling it for over two years. Perhaps when something is abundant, people think: "Why would I buy one when there are so many!" That's why they had to wait until Bing Dwen Dwen became extremely scarce before people started cherishing it.

Many netizens who owned Bing Dwen Dwen years ago have been sharing their photos, grateful that they didn't throw away their Bing Dwen Dwen. Some even admitted to leaving their Bing Dwen Dwen in obscure corners, on outdoor rooftops exposed to sun and rain, with no intention of retrieving them. Now, they're trying every means to rescue their "dirty Dwen Dwen" that has endured years of weather. Meanwhile, those who couldn't buy Bing Dwen Dwen or never owned one began creating their own versions to console their disappointment. After the night when Bing Dwen Dwen became extremely scarce, various versions of Bing Dwen Dwen emerged.

There were crocheted ones, clay-molded ones, cake versions, and even Bing Dwen Dwen art drawn on latte coffee or 3D Bing Dwen Dwen creations on cappuccinos... Everything can become Bing Dwen Dwen. Now, anything that resembles Bing Dwen Dwen attracts countless envious glances, so many people have started a business selling "wild" Bing Dwen Dwen. However! Did you know! Making "wild" Bing Dwen Dwen for personal appreciation isn't illegal, but it cannot be used for commercial purposes. Regardless of the method, profiting from "wild" Bing Dwen Dwen might constitute copyright infringement!

Coffee Shops and Copyright Concerns

Recently, there have been online reports of many coffee shops selling Bing Dwen Dwen-patterned lattes. According to netizens, many customers purchase milk coffee and then ask baristas to create Bing Dwen Dwen patterns. Some coffee shops have photographed various Bing Dwen Dwen latte art patterns, created videos of the Bing Dwen Dwen latte making process, and proactively offer to make Bing Dwen Dwen patterned lattes for customers. They use Bing Dwen Dwen latte art for promotion, attracting a group of "Dwen" fans to check in... Although Bing Dwen Dwen is popular, everyone must not ignore that "Bing Dwen Dwen" and "Shuey Rhon Rhon" are registered trademarks of the Beijing Winter Olympics and Winter Paralympics Organizing Committee.

Personal Use vs. Commercial Use

So, if a barista creates Bing Dwen Dwen latte art for their own entertainment and doesn't sell it, is it illegal? As long as there's no profit-making behavior (including commercial promotion) and it's for personal appreciation, making your own coffee latte art and appreciating it yourself, or simply sharing photos without commercial promotion, does not constitute copyright infringement. However, using the "Bing Dwen Dwen" logo for commercial purposes will still constitute copyright infringement and may result in corresponding infringement liability.

Public Reactions

Regarding the claim that coffee shops selling coffee with Bing Dwen Dwen patterned latte art might infringe on copyright, netizens commented as follows:

Em... how should I put this... it's fine to have fun, but don't go too far.

Image source: Internet, Xiaohongshu

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