This article is reproduced from the Press Room
Speaking of Shanghai's specialty snacks
Nanxiang Xiaolong is a resounding brand!
Everyone has eaten the small steamed buns
But many people may not know
In fact, there are two "Chinese time-honored brands" in Shanghai.
At the same time, it holds the trademark "Nanxiang":
"Yuyuan Nanxiang" mainly engaged in catering services
"Jiading Nanxiang" mainly sells quick-frozen goods
For more than 20 years, the two sides have been at peace
Until "Jiading Nanxiang" began
Authorizing others to open restaurants in the name of "Nanxiang"
The balance is broken...
Last year, Shanghai Nanxiang Food Co., Ltd
And Shanghai Old Town God Temple Catering (Group) Co., Ltd
A lawsuit was fought
↓↓↓
→ Old Town God Temple Catering Company sued Nanxiang Food Company for trademark infringement and unfair competition
→ Nanxiang Food Company also sued the Old City God Temple Catering Company for unfair competition
On April 22, two cases were sentenced
Who is more reasonable? Let's take a look at ↓
Pudong Court: "Yuyuan Mantou" won the case
The defendant was awarded 2.342 million yuan in damages
In the case pronounced by the Pudong court, the plaintiff, Old Town God Temple Company, that is, "Yuyuan Nanxiang", found in 2019 that the defendants Nanxiang Food Company and Nanxiang Catering Company, that is, "Jiading Nanxiang", carried out catering franchise business, of which "Runze" Xiaolong Shop, after joining, used the Nanxiang and Nanxiang Xiaolong logos for store signs, store decoration, posters, tableware and other items. The plaintiff argued that this infringed its exclusive right to use its service mark.
The plaintiff, "Yuyuan Nanxiang", entrusted an agent ad litem, said: "The defendant does not have the right to the Nanxiang trademark in the restaurant field, so we believe that his prominent use constitutes infringement." It holds the Nanxiang trademark of the commodity class, and we hold the Nanxiang trademark of the catering class, which should be used within their respective statutory boundaries. ”
↑Nanxiang Mantou Shop in Yu Garden is a must-visit punching point for many tourists to Shanghai
In this regard, the defendant argued that the hanging of the word "Nanxiang" in the store was intended to clearly indicate to consumers that the franchised store was a Nanxiang Town enterprise.
The defendant entrusted an agent ad litem to claim: "First, Nanxiang is a place name, and we belong to the fair use of the place name field; secondly, the name of our enterprise is also Nanxiang, and the most important thing is that the small dumplings we sell in restaurants are also the trademarks of Nanxiang, so we hang the logo of Nanxiang in the appropriate position of the store, which is also used legitimately and reasonably." ”
The Pudong court held that, usually, commodity trademarks are used to identify the supplier of goods and are directly marked on tangible physical goods, while service trademarks, based on the intangible characteristics of services, are often attached to items such as signboards and tools of service-related places. Therefore, in this case, the defendant's conduct exceeded the boundaries of the trademark of goods.
In this case, the defendant prominently used the "Nanxiang" and "Nanxiang Xiaolong" logos, which are identical and similar to the plaintiff's trademarks, in tangible items such as store signs and service tools for catering services, as well as in the investment solicitation of catering franchises, beyond the necessary scope of indicating the source of its own goods, and producing the effect of identifying the source of services. The defendant, knowing that the plaintiff's service mark has a relatively high reputation, still exceeded the boundaries of its rights, resulting in confusion and misidentification, constituting an infringement of the plaintiff's exclusive right to use the service mark.
At the same time, the court held that the goodwill obtained by the service name is inseparable from the goodwill carried by the registered trademark, so the Anti-Unfair Competition Law no longer overlaps protection in the areas protected by the Trademark Law. At the same time, the trademarks that the plaintiff and the defendant enjoy rights have coexisted for a long time, and have been awarded honors such as "China Time-honored Brand", and have also contributed to the good goodwill of the "Nanxiang" brand, and the corresponding market pattern and legal order have been formed and recognized and accepted by the public. Therefore, considering the formation and development history of the two parties and the coexistence of the "Nanxiang" trademark, it is no longer appropriate to identify the defendant's conduct as unfair competition by false publicity.
After trial, the Pudong court ordered the defendant to stop the infringement, publish a statement to eliminate the impact, and compensate the plaintiff for economic losses of 2 million yuan and reasonable expenses of 342,000 yuan for rights protection.
Yangpu Court: Rejected Nanxiang Food Company
All claims
Around the trademark dispute of Nanxiang, the Yangpu court also dropped the hammer in the first instance. In this case, Nanxiang Food Company, also known as "Jiading Nanxiang", filed a lawsuit on the grounds of unfair competition, arguing that four affiliated companies, including Yuyuan Nanxiang Mantou Shop, had infringed on their own business names and product names, and filed a lawsuit to stop the acts of unfair competition and jointly compensate 3 million yuan. The First Instance Judgment of the Yangpu Court in Shanghai rejected all of the plaintiff's claims.
The judge in this case said: "Because both the plaintiff and the defendant in this case have a certain historical connection with Nanxiang or Nanxiang Xiaolong, in this case, because the original defendants are both Chinese time-honored brands, in this case, the court will still comprehensively consider the coexistence of the two parties." ”
The court held that in order to determine whether the defendant Yuyuan Nanxiang Mantou Shop had engaged in unfair competition, it was necessary to see whether it had exceeded the previous business scope and method in its business activities.
↑ Nanxiang Xiaolong Shop in Tian Zi Fang Food City, a restaurant opened by Nanxiang Restaurant Management Co., Ltd. through direct operation or technical cooperation
In view of the fact that the Nanxiang Mantou Shop involved in the case is engaged in catering services, it does not exceed the boundaries of the business field that nanxiang Mantou Shop has formed for a long time. The "Nanxiang" related dishes provided in its business premises are provided in the form of freshly made and sold in the restaurant, not in the form of quick-frozen food, so it does not exceed the boundaries of the use field that Nanxiang Mantou Shop has formed for a long time. In addition, the above-mentioned business entities have the right to use the service trademark in their stores, and the above-mentioned use of the word "Nanxiang" on the freshly sold dishes does not exceed the scope of the fair use of the service trademark, and in the environment related to the relevant Nanxiang mantou shop involved in the case, consumers will not mistakenly believe that the above dishes have a specific connection with the plaintiff and its business, which is mainly engaged in the business of quick-frozen food, thus causing confusion.
The Nanxiang Mantou Shop involved in the case has a certain historical relationship with the "Nanxiang Xiaolong", so its "descendants of the cage" and "the true source and representative of the Nanxiang Xiaolong in Shanghai" and other statements that publicize the existence of a inheritance relationship with the Nanxiang Xiaolong do not constitute false information; nor does it constitute false propaganda for the "Tianxia Cage" and "The Originator of the Small Cage" advertised by the Nanxiang Mantou Shop involved in the case.
Accordingly, none of the acts of unfair competition claimed by the plaintiff in this case were established, and its claim that the four defendants bore corresponding civil liability had no factual and legal basis and were not supported, so the above judgment was made in accordance with law.
Dispute between two long-established brands
At this point, it is the end of the day
I hope that after the two sides set points and stop the dispute
Continue to be within the boundaries of the rights of their respective trademark rights
Jointly maintain the old brand of "Nanxiang"
Credibility in the minds of consumers