On September 4, the co branded coffee "Maotai Latte" launched by Kweichow Moutai and Ruixing Coffee was officially launched, which attracted wide attention.
It is understood that this coffee, co branded with Moutai, uses Baijiu flavored thick milk, which triggered a rush of consumers once it was launched, and was also called "the first cup of Moutai for young people" by netizens.
The first day sales of "sauce flavored latte" exceeded 100 million yuan
According to official data from Lucky Coffee on September 5th, the first day of its launch, the sales of the "sauce flavored latte" exceeded 5.42 million cups, with sales exceeding 100 million yuan, setting a new record for Lucky Coffee's single product.
Many coffee shops have also seen business opportunities in this regard. So, is it considered infringement to add Maotai liquor to freely consumed drinks for sale?
Coffee shop produces Maotai Wuliangye coffee and is fined for taking the opportunity to promote it
On September 5th, Wushisan Dulu Cafe in Chengjiang Street, Jiangyin City, Jinlu Coffee Dessert Shop in Chengjiang Street, and Xianlu Cafe in Ligang Street, Jiangyin City, were fined more than 140000 yuan, 9400 yuan, and 3500 yuan by the Jiangyin Market Supervision and Administration Bureau for infringing on the exclusive right to use registered trademarks.
The reason for the punishment is that three coffee shops, without authorization, added Maotai, Wuliangye, Guojiao, Xiang, Yamazaki, and Rex Festival liquor to their coffee and mixed them, and produced and sold "Maotai Delite" liquor coffee drinks, "Wuliangye Coffee" liquor coffee drinks, "Xiang" liquor coffee drinks, "Yamazaki" liquor coffee drinks, and "Rex Festival" liquor coffee drinks with corresponding brand trademark labels on site.
After deducting the corresponding costs, the profit of the above-mentioned infringing drinks is 10 yuan/cup, and the three coffee shops sell 1617 cups, 112 cups, and 42 cups respectively.
You should know that "Maotai Latte" Ruixing Coffee is a co branded coffee launched by Kweichow Moutai and Ruixing Coffee, and it is a product produced after the authorization and agreement of both parties. Maotai is a well-known brand in China. Other unauthorized coffee shops add Maotai liquor to their drinks and promote it without Maotai's authorization. If coffee shops add Maotai liquor to their drinks without the brand's permission, it is considered a "nearby brand" and constitutes trademark infringement, and they will be prosecuted and punished.
Which behaviors belong to brand behavior?
1. Applying for the use of a registered trademark with a certain level of popularity as a trade name for a company in China may mislead consumers into thinking that the company has some connection with a well-known trademark.
2. Using a well-known registered trademark of others as a trade name, applying for registration as a company name overseas (mainly in Hong Kong), and then returning to China to establish branches.
3. Engage in unfair competition in the market by using the names of enterprises registered domestically and internationally.
4. Highlight and amplify the use of trade names in enterprise names, such as consumers mistakenly believing that the enterprise is the owner of a well-known trademark.
Here, we remind businesses not to blindly follow the trend to avoid unnecessary losses. When using a trademark, it should also be used legally.
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