Today's headlines and today's fritters, the difference between the two is only one word, but it has caused a trademark dispute. Recently, the Guangzhou Intellectual Property Court ruled in the first instance that the behavior of Today's Fritters did not constitute trademark infringement or unfair competition against Toutiao, and rejected Toutiao's claim. This judgment has aroused widespread concern and discussion from all walks of life.
The business model and market positioning of both companies
Toutiao is a well-known news information platform in China that provides users with personalized recommended news information services through the mobile Internet. Toutiao's business model is mainly to achieve profit through advertising revenue and content payment, and its market positioning is to provide users with high-quality, diversified and timely news and information content to meet users' information needs and interests.
Today's fried fritters is a breakfast restaurant in Zhengzhou, Henan Province, which provides users with traditional breakfast foods such as fritters and soy milk in the form of physical stores. Today's business model of fritters is mainly to achieve profit through the sale of food, and its market positioning is to provide users with delicious, affordable and convenient breakfast services to meet the dietary needs of users.
By comparing the business models of the two, it can be seen that the two companies are in completely different industries and fields, and there is no direct or indirect competition between them. In fact, in this case, the defendant also argued that it was not related or similar to the goods and services traded by the plaintiff, and would not cause misidentification by the public.
Today's fritters use a logo similar to Today's headlines, for what purpose and motivation?
Since the two companies are not in competition, why do today's fritters use a logo similar to today's headlines? Is this a free-rider, a hot ride, or a spoof?
According to the evidence and statements provided by the defendant, today's fritters used a logo similar to today's headlines not intentionally imitating or copying the plaintiff's trademark, but due to the following considerations:
Highlight the main commodity you operate - fritters. According to the defendant, the word "today" is an adjective, meaning that day or now, and the word "fritters" is a noun that indicates the goods it sells. Combining the two, "churro of the day" means churro that day or is sold now.
Capture consumers' attention and interest. The defendant claimed that as a well-known news and information platform, "Toutiao" has a high reputation and influence in the society, and its logo has a strong degree of recognition and recognition in terms of text, color, font, etc. The defendant used a similar logo in order to draw on its design style and aesthetics, as well as its image and impression in the public's mind, to attract consumers' attention and interest, and increase its own popularity and exposure.
Interact and communicate with consumers. The defendant claimed that the slogan "What you care about, is the headline" of "Toutiao" is highly interactive and targeted, and can resonate and identify with consumers. The defendant changed it to "Care about you, is a good fried stick", in order to express his care and respect for consumers, as well as confidence and pride in their own products, so as to interact and communicate with consumers, increase their favorability and loyalty.
Today's fritters use a logo similar to Today's Toutiao, not as a malicious or spoof act, but as an innovative or creative act, in order to better manage their own goods and services and meet the needs and preferences of consumers.
Why do today's headlines have to sue today's fritters?
Since today's fritters use a logo similar to today's headlines, which is not a malicious or spoofed behavior, why did today's fritters sue today's fritters? Is this an excessive or unreasonable act?
According to the evidence and statements provided by the plaintiff in this case, today's headlines suing today's fritters is not an excessive or unreasonable act, and its main motives are as follows:
Defend your trademark rights. According to the plaintiff, the four registered trademarks, including "Toutiao", are important signs of its news and information services, which are widely known to the relevant public and have high goodwill and market value. The defendant's use of similar logos on identical or similar goods caused confusion among the public, infringed its trademark rights, and constituted unfair competition.
Protect your brand image. According to the plaintiff, as a well-known news and information platform, "Toutiao" has a high reputation and influence in the society, and its logo has a strong degree of recognition and recognition in terms of text, color, font, etc. The defendant used a similar logo for use in the catering field, so that the public may believe that there is a specific connection or source relationship between the two, thereby weakening, derogatory or vilifying its brand image, and improperly exploiting its market reputation.
Maintain market order and consumption environment. The plaintiff claimed that as a platform to provide high-quality, diversified and timely news and information services, "Toutiao" bears the responsibility and mission of disseminating information, guiding public opinion and serving the public in the society. The defendant used similar logos to use them in the catering field, which may cause misunderstanding or confusion among the public, thereby affecting their judgment and choice of news information, harming their legitimate rights and interests, and disrupting market order and consumption environment.
Today's headlines believes that suing Today's fritters is not a malicious or unreasonable act, but a reasonable or necessary act, in order to better protect its trademark rights and brand image, and protect the market order and consumption environment.
What impact and enlightenment does the judgment of this case have on the business operations and development of the two companies?
After hearing the case in the first instance, the Guangzhou Intellectual Property Court dismissed all of the plaintiff's claims, holding that the defendant did not constitute trademark infringement or unfair competition against the plaintiff. What impact and enlightenment does this judgment have on the business operations and development of the two companies?
For Today's Fritters, the verdict is a victory, and it can continue to use a logo similar to Today's Toutiao without fear of being held legally responsible or compensated for damages. This has a positive effect on enhancing its popularity and exposure, expanding its market share and customer base, and increasing its own revenue and profit. At the same time, this also gives it a warning that when using trademarks or other logos, it is necessary to pay attention to respect the intellectual property rights of others, abide by market rules, and avoid infringement or unfair competition, otherwise it may face legal risks or moral challenges.
For Toutiao, this verdict is a setback, which failed to effectively protect its trademark rights and brand image, and prevent others from using similar logos. This has a negative impact on maintaining its leading position and dominant position in the field of news and information, maintaining its credibility and prestige among the relevant public, and improving its user satisfaction and loyalty. Next, when operating news and information services, Toutiao should pay attention to improving its core competitiveness and innovation ability, providing better quality, more diverse and more timely news and information content, and meeting the information needs and interests of users.
This article shares the story behind today's headlines suing today's fritters, hoping to inspire and help readers. At the same time, it also reminds the majority of business operators that when using trademarks or other logos, they should pay attention to respecting the intellectual property rights of others, abide by market rules, avoid infringement or unfair competition, and maintain a good market order and consumption environment.