What do you think about Cha Yanyuese’s counter-claim against Cha Yanguanse?

As the incident intensified, Cha Yan Yuese’s official Weibo stated in response to the counterclaim “Cha Yan Guan Se”, “We are really suing them! We will definitely fight to the end against the infringement! ! ”

Screenshot of Chayan Yuese’s official Weibo

In April 2020, Chayan Guanse sued Chayan Yuese for trademark infringement, but the court dismissed it. . According to media reports, on January 4, 2021, Chayan Yuese sued Chayan Guanse on the grounds of unfair competition. The case is still under trial.

Cha Yan Yuese said that the company’s boss lacked copyright and trademark awareness when he founded Cha Yan Yuese. Later, when I gained some scale, I thought about building a stronger brand protection wall, only to find that my trademark registration had loopholes and the foundation was not solid. Instead, I was slapped down and sued by a copycat brand.

“Regarding the infringement of Cha Yan Guan Se, we filed an anti-unfair competition lawsuit with the Tianxin District People’s Court (Changsha City, Hunan Province). The current case of ‘Cha Yan Yuese Counter Sues Cha Yan Guan Se’ It’s still under trial.”

Cha Yan Yuese finally said, “We are really suing them! We will fight to the end!”

Chayan Yuese finally stated, "We are really suing them! We will definitely fight to the end against the infringement!!!"

Public information shows that the "Chayan Yuese" milk tea shop has Since the first store was opened in Changsha in December 2013, it has nearly 200 branches. In May 2019, a "Cha Yan Guan Se" milk tea shop, which is just one word different from "Cha Yan Yuese", opened in Changsha.

In May 2019, "Cha Yan Guan Se" filed a lawsuit with the People's Court of Yuelu District, Changsha City on the grounds of trademark infringement of Changsha's "Cha Yan Yuese". On April 8, 2020, the Yuelu District People’s Court rejected all the “Tea Appearance” lawsuit claims in the first instance.

According to the China Trademark Network, the "Cha Yan Yuese" trademark was first registered by Hunan Chayue Catering Management Co., Ltd. on October 8, 2013, for goods and services in categories 35, 43, and 30.

The "Cha Yan Guan Se" trademark was applied by Chai Zejun on 43 categories of goods and services on September 22, 2004, and was registered on March 14, 2008. The trademark is valid until March 2008 From the 14th to March 13, 2028, the approved goods/services include "teahouses", "cafés", "restaurants", etc.

In 2018, the trademark changed hands several times, and Guangzhou Luoqi Catering Management Co., Ltd. obtained the exclusive rights to the trademark.

From 2017 to 2019, Luoqi Company successively opened a number of "Cha Yan Guan Se" milk tea shops in Changsha and Zhuzhou, and authorized relevant milk tea shops to use the "Cha Yan Guan Se" trademark.

The Yuelu District People's Court previously held that there were two points of dispute between the original defendant and the defendant, namely: whether the registered trademark "Cha Yan Yuese" infringed upon the use of the same registered trademark " The right to use the trademark "Cha Yan Guan Se"; whether the acquisition and use of the registered trademark "Cha Yan Guan Se" violates the principle of good faith.

The court held that Luoqi Company, as a competitor in the same industry, should have known about the popularity of "Cha Yan Yuese", but it still accepted the use of the registered trademark "Cha Yan Guan Se" and used it as a right The trademark infringement lawsuit filed against the registered trademark "Cha Yan Yuese" has obvious subjective malice and violates the principle of good faith. Therefore, Luoqi Company's lawsuit should not be supported by the court.

In response to Cha Yan Yuese’s statement of counterclaim, many netizens expressed their support for Cha Yan Yuese’s statement in the comments, “Support rights protection”, “Come on” and “Support”. However, some netizens were “stupidly confused” about the two brands. ". In addition, a search for the topic #ChayanyuesecountersuitChayanguanse# revealed a netizen’s comment: “I’m more curious, who copied who’s trademark pattern? They look so similar, and the characters are all the same.

”