"Wine and coffee, just love this cup"
Recently, Kweichow Moutai and Luckin Coffee joined forces
The "sauce latte" launched is popular in the circle
Sales exceeded 5.42 million cups on the first day
Sales exceeded 100 million yuan on the first day
"Sauce Latte" was brushed
Moutai and its peripheral products
It has also aroused the attention and heated discussion of netizens
According to media reports, in 2022, a typical case released by the Market Supervision Administration of Xishan District of Wuxi City showed that a restaurant was punished for selling coffee cups labeled with the "Moutai latte" and Moutai trademark.
In the same year, 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 degrees 128 yuan" and "Coffee ceiling Jiu No. 53 degrees Feitian Maoca" in the store, confiscated 8378.15 yuan of illegal income and imposed a fine of 63640 yuan.
In fact, not only coffee, but also hot pot to make fun, a restaurant in Changsha launched Moutai hot pot, and posted a promotion on its WeChat public account, saying that it was limited to the new Moutai hot pot. The store staff said they were only responsible for enforcement, and it was not clear whether Moutai authorized it.
In this regard, Moutai customer service said that at present, only Moutai ice cream and sauce coffee jointly launched with Luckin are currently cooperating with the official, and it is impossible to inquire about the cooperation between the hot pot restaurant and Moutai.
That's in coffee, hot pot and other foods
Add Moutai without authorization and promote and sell
Is it infringement?
The lawyer has something to say!
Jin Yuzhen, lawyer of Shanghai Mingzhi Law Firm (left), lawyer Cai Hao of Shanghai Qianxue Law Firm (right)
Q
Can Moutai be added to the food being sold?
A: Instead of pouring Moutai directly into the coffee ingredients, Luckin stores use a "baijiu-flavored thick milk (formulated milk-containing beverage)", and the ingredient list of the sauce-fragrant latte contains "baijiu", which is indeed Moutai, but the alcohol content of the drink is less than 0.5%. Therefore, not any food can be added to Moutai baijiu at will, if Moutai liquor is directly added to the food, new varieties may be derived, which may exceed the original business scope.
Q
Does the merchant's unauthorized addition of Moutai to the video constitute infringement?
A: Without the authorization and permission of Moutai Distillery, adding Moutai to food without authorization, and using trademarks that are the same or similar to Moutai's registered trademark, etc., constitutes trademark infringement or unfair competition. Because these actions of the merchant constitute trademark use. "Trademark use" is a punishment basis often used by local industrial and commercial authorities. The use of the Moutai trademark on the "Moutai Coffee" made by the merchant is easy to mislead consumers, making consumers mistakenly think that "Moutai Coffee" was launched by Moutai Company or cooperated with the merchant.
However, if a merchant removes the Moutai packaging logo and attaches its own trademark, and does not use Moutai as a promotional highlight, it will generally not be involved in infringement. That is, after purchasing Moutai wine through formal channels, how to deal with or develop new products in other foods, Moutai Distillery has no right to interfere, which is an exhaustion of rights in intellectual property laws.
Legal link: Article 48 of the Trademark Law stipulates that trademark use refers to the use of a trademark on goods, their packaging or containers, and commodity transaction documents, or the use of a trademark in advertising, exhibitions and other commercial activities to identify the source of goods.
Q
How is it legal to use other brands for promotion?
A: When a merchant and a brand jointly launch new goods or services, the ownership of the trademark should be clear. If the parties jointly create a new trade mark or service mark, the trademark shall be jointly owned by both parties and the parties shall negotiate a common method of use and maintenance. If the trademark right is provided by the brand party, then the trademark right should belong to the brand party, and the merchant should obtain authorization from the brand party to use it, otherwise it is suspected of trademark infringement.
Source: Shanghai Jiading