In late March, the Market Supervision Bureau of Ningbo Haishu District investigated and dealt with a case of an Internet celebrity coffee shop selling a big-brand LOGO afternoon tea. The law enforcement officers fined the parties and confiscated the printing molds with the “LV” and “CHANEL” patterns. .
The law enforcement officers of the Bureau found that the coffee, cakes and other products sold in the shop had the brand LOGO of”CHANEL” and”LV” printed on them, which was suspected of trademark infringement. Subsequently, the law enforcement officers contacted the intellectual property agent of the CHANEL brand and the legal department of LV, and asked the other party to verify the trademark authorization. However, the legal affairs of the two companies stated that although the coffee shop’s use of trademark patterns was not authorized, it was unable to issue relevant identification reports. According to the”International Classification of Goods and Services for Trademark Registration” (the Nice Classification), goods and services are divided into 45 categories, of which goods and services fall into categories 1 to 34 and services fall into categories 35 to 45. Coffee and cake belong to the 30th category in the Nice classification, and neither CHANEL nor LV have registered trademarks in the 30th category. Article 56 of the”Trademark Law of the People’s Republic of China” stipulates that the exclusive right to use a registered trademark is limited to the approved and registered trademarks and the goods approved for use. Therefore, the behavior of the Internet celebrity coffee shop does not constitute trademark infringement.
The investigator believes that although the case does not constitute trademark infringement, this kind of behavior of using the LOGO of a well-known luxury brand on its own products without the permission of the right holder disturbs the market order and needs to be regulated. The use of trademark patterns in the production and sale of food and beverages is a new field and new type of case that has emerged with the booming market economy and the improvement of citizens’ consumption levels. In this case, merchants deliberately cling to well-known brands in an attempt to increase the sales of their products and seek illegal benefits. , Has contributed to the bad social atmosphere. The investigators once again conducted a qualitative research and judgment on the law, and finally determined that the suspected violation of the”People’s Republic of China Anti-Unfair Competition Law” was suspected of violating the provisions of the”People’s Republic of China Anti-Unfair Competition Law” to investigate and handle the Internet celebrity coffee shop involved.