The joint coffee "sauce latte" launched by Kweichow Moutai and Luckin Coffee is popular in the circle! Luckin Coffee announced that its new sauce latte set a new single-product record, with first-day sales exceeding 5.42 million cups and first-day sales exceeding 100 million yuan.
Other businesses may be infringing if they "free ride"
After the popularity of "Sauce Latte", can other merchants add Moutai to their drinks as a selling point?
According to Zhongxin Finance, some Moutai staff told the media that if a coffee shop added Moutai to a drink without authorization, it would be an infringement. According to Jiupai News, Moutai customer service added to the above statement, "If a restaurant adds Moutai to its products for sale and uses this as a selling point to advertise, it is an infringement." If it is not advertised on this basis, it is not infringing. ”
From "Moutai Coffee" to "Moutai Hot Pot"
Is it creativity or infringement?
According to media reports, Moutai staff said that "Sauce Latte" is the first joint cooperation between Moutai and coffee brands. But in fact, Moutai coffee has long appeared on the market. A certain eyecheck app shows that some merchants have been punished for making their own "Moutai coffee". In 2022, Wuxi Xintian Cosmetics Business Department sold "Moutai Coffee" without obtaining a food business license, and set up publicity boards such as "Exclusive Special Moutai Coffee 53°¥128" and "Coffee Ceiling Jiu No. 53° Feitian Maoca" in the store. Due to the inability to provide the food business license and the relevant authorization of Moutai Company, the party concerned was suspected of violating the Food Safety Law of the People's Republic of China and the Trademark Law of the People's Republic of China, and was confiscated 8,378.15 yuan of illegal gains and fined 63,640 yuan by the Market Supervision Administration of Wuxi City for allegedly violating the Food Safety Law of the People's Republic of China and the Trademark Law of the People's Republic of China.
△Source: China News Network
Moutai staff said, "If a restaurant adds Moutai to its products and uses it as a selling point to advertise, it is an infringement." If it is not advertised on this basis, it is not infringing. ”
In addition to the coffee shop to "rub the heat", some media found that on the day of the sale of "Sauce Latte", a well-known hot pot restaurant in Changsha also posted that Shangxin Sauce Lemon Maotai Hot Pot. "Gold Award beef hot pot base with Kweichow 53 degrees Feitian Moutai, each sauce Xiangmaotai hot pot contains 8ml of Kweichow Moutai, added in person at the dining site, fidelity and integrity, the bottom of the pot is priced at 128 yuan a piece."
Then in coffee, hot pot or other foods
Is it an infringement to add Moutai for sale without authorization?
Under what circumstances is infringement constituted?
Lawyer Yuan Chunxiao, a member of the Eighth Five-Year Plan Public Welfare Lecturer Group in Kunshan City, Jiangsu Province, analyzed that whether infringement is involved should be viewed from two aspects:
First, simply adding or adding Moutai wine to coffee or other foods without authorization does not involve trademark infringement.
According to Articles 48 and 57 of the Trademark Law, the act of adding Moutai liquor (genuine product) to coffee or other food does not belong to the act of using the same or similar trademarks on the same or similar goods, nor is it the act of selling goods infringing the registered trademark right, or removing the Moutai packaging logo and attaching one's own trademark, so it will not involve infringement. Therefore, Moutai Distillery has no right to interfere with any behavior such as how to deal with or develop new products in other foods after purchasing Moutai wine through formal channels, which is an exhaustion of rights under intellectual property rights.
Second, adding Moutai to coffee or other foods without authorization, but without the authorization and permission of Moutai Distillery, using a trademark identical or similar to Moutai's registered trademark, or packaging and decoration, may constitute trademark infringement or unfair competition.
Source: Yueniu News Comprehensive Qinghai Law Popularization, Weibo