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    Home > Food News > Food Articles > Net black milk tea shop into a cottage hard-hit areas of the protection of evidence difficult cost high compensation low.

    Net black milk tea shop into a cottage hard-hit areas of the protection of evidence difficult cost high compensation low.

    • Last Update: 2020-09-17
    • Source: Internet
    • Author: User
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    Original title: net black milk tea shop into shanzhai disaster areas, the cost of defending the rights of evidence difficult to pay low
    twice liyuan cottage
    trademark boy hairstyle through the cat tired Liu Hai has a fork
    reporter visited found that the catering brand into a cottage disaster area, some well-known brands, online red shops are competing to imitate. In a short distance of 1 km, there have been three similarly trademarked cottages "X tea". In addition, Beijing's net red "X Master" pastry shop just ready to open the first branch in Shenzhen, Guangzhou Yuexiu District Huifuxi Road on the "X Master" of the "figure."
    addition, the reporter found that Huang Xhuang, green X, Zhou X duck, big X burning goose, outside X home and many other well-known food and beverage brands have also burst out of the existence of a number of cottage shops.
    two "x tea" self-proclaimed franchisees?
    brand shop: did not join or agent
    reporters in Shishi East Road found that the net red milk tea shop "x tea" in this road less than 100 meters away from the opening of two "branch." Unlike other branch diners waiting in line, the two "branch" customers are few and somewhat deserted. And less than 1 km away from these two shops, in the back door of the Chinese teacher, the reporter also saw another "x tea" "branch."
    the brand logos of these stores are very similar, are a boy drinking tea, the only difference is that the boy's hairstyle is slightly different, some fork Qi Liuhai, some Liu Hai up. The English name of these milk tea shops is very similar to the authentic "x tea" shop, Chinese slightly different, one of which is called "another x tea", one is called "Hong Yun x tea", one is called "Xuan x tea".
    "Hong Yun x tea" shop assistant said with "x tea" has nothing to do with, "another x tea", "Xuan x tea" shop assistants have made it clear to reporters that they are "x tea" chain stores. When the reporter asked why the menu is not the same, "another x tea" shop assistant said that each branch menu is different.
    , however, "x tea" to reporters confirmed that the current "x tea" does not accept any form of joining and agents, "another x tea", "Xuan x tea" are not "x tea" franchise stores. And "Xuan X tea" in WeChat public number of the brand introduction is almost the same as the real "X tea." And in Huangpu District Hongming Road, a "another x tea", even store decoration and formal "x tea" is very similar.
    net red pastry shop open to Guangzhou?
    : there are no stores in Guangzhou
    in addition to "x tea", a number of food and beverage brands are imitated. There are neighborhoods found that originated in Beijing, popular in Shanghai's online red pastry shop "X Master" also recently appeared in Guangzhou? It is reported that many consumers in other cities in order to buy "X Master" at all costs in line for five or six hours. Yesterday noon, the reporter visited Huifuxi Road, "X Master" Guangzhou's only "branch" but saw that the store is very deserted, not to be lined up long lines. The store pulls up a banner under the sign to alert consumers: "Our store is the hot Beijing, Shanghai's online red pastry shop."
    reporter called the "X Master" headquarters, get the reply is that "X Master" currently has no branch in Guangdong, plans to launch the first branch in Shenzhen. The reporter only reacted, the original is another cottage shop.
    in addition, Huang Xhuang, Zhou X duck, green X, big x burning goose, outside X home and many other well-known food and beverage brands have been a number of media and brand stores burst out of the existence of a number of cottage shops. Recently, the per capita consumption level of thousands of yuan of " x" japanese goods stores (Shanghai and Nanjing branch) is also Japan's Michelin one-star restaurantx issued a notice referred to as counterfeit stores. At present, the Shanghai Xuhui District Market Supervision Bureau has been involved in the investigation of this incident.
    Incessive brand rights protection difficult
    evidence difficult cost high compensation low
    Zhu Danpong, a researcher in the food and beverage industry of China Brand Research Institute, told reporters that the proportion of popular food and beverage brands in the online red category is imitation is high, "at present, the difficulty of enterprises to combat shanzhai is that the cost of defending the rights is too high, information asymmetry." "Reporters learned that catering enterprises operating in a strong regional, cottage shop concealment is greater, if there is no consumer report, catering enterprises are more difficult to learn about the situation of shanzhai shops in other regions.
    Zhu Danpong told reporters that the large number of shanzhai shops, and trademark rights in the legal level of protection is not untable. If laws and regulations on the protection and punishment of trademarks to increase efforts, the whole cottage situation can be better curbed.
    the provisions of the Trademark Law, when a registered trademark is infringed, the trademark registrar or interested party may negotiate a settlement, or may sue the people's court or request the administrative department for industry and commerce to deal with it. "X tea" told reporters that as of September 13, "X tea" on the infringement of trademark rights has been carried out administrative investigation and prosecution of 69 cases, 25 civil lawsuits filed. However, some people in the industry said that after being imitated by shanzhai shops, it is more difficult to obtain evidence, and the compensation often can not make up for the loss.
    , the public relations director of "X Tea", told reporters that infringing businesses and enterprises set up a large number of "legal firewalls" to avoid the risk of punishment, leading to difficulties in investigation and evidence collection, higher cost of defending rights. At the same time, there are a lot of false joining information on the network, the network rights protection work is equally difficult. Coupled with the scope of infringement has involved a number of provinces and cities across the country, increasing the difficulty of defending rights.
    , food and beverage enterprises should establish trademark awareness and register trademarks in a timely manner. After the trademark is registered, the applicant may enjoy the right to exclusive use of the trademark. Once a hot "Royal X" has been due to the trademark registration is not successful and suffered. Failure to obtain ownership of "Royal X" was emulated by many cottage brands, resulting in consumers unable to tell which is genuine, as a last but last day, "Royal X" in 2016 to buy the "X tea" trademark, announced the name change.
    In addition, the reporter learned that if consumers want to avoid being deceived by shanzhai restaurant, through the official website to distinguish which are formal branch and which is shanzhai shop, many restaurant brands in the official website will introduce all of its branch information, in addition, can also call the restaurant brand hotline to learn more. (Jian Danqing)
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