O2O China internet infringement case closed beauty Green Tea settlement
Sina Technology Liu Anni
in recent years, the rapid development of chain catering brand, including sea fishing, Sibelius, grandmother and other food and beverage brands have been sought after white-collar groups. However, the development of hidden behind the hot hidden. Because the chain catering industry has been the hardest hit by the copycat imitation, but due to the low cost of illegal, the high cost of rights, so it is difficult to eliminate the problem.
in March this year, the domestic well-known trademark holder catering brand "Green Tea restaurant" — Hangzhou Green Tea catering management (hereinafter referred to as the "Hangzhou Green Tea") Limited company held a press conference, pointed out that the domestic Green Tea restaurant is counterfeit, and officially announced the indictment of national copyright infringement Green Tea restaurant, the US network operators as well as part of the restaurant site the provider. Wednesday afternoon, the Hangzhou green tea restaurant sued the United States to accept the case of counterfeit restaurants in Beijing, Haidian court hearing.
it is worth noting that, as a platform for the U.S. mission network, its operating companies in Beijing three fast Technology Co., Ltd., as well as part of the venue to provide the same restaurant in the prosecution. Hangzhou green tea requires the parties concerned to immediately stop the infringement of green tea restaurant GREEN TEA registered trademark rights act, and compensate for the loss, eliminate the impact.
final case has been agreed upon by both parties as a result.
U.S. mission was listed as the object of prosecution
Green Tea restaurant lawyer said: "what a beautiful mission without permission of our 25 store to our home store real information and picture signs and fake store group purchase on the site together, can not cause confusion? With the same or very similar icons for sale, for the consumer group purchase, how to judge is it true or false? May find beauty online Green Tea is true. We have not had any cooperation, but it should know me, because I am with public comment perennial partners, it has relationship with dianping.com, key customers the company it could not know."
According to the Hangzhou
Green Tea available to the court evidence, since the beginning of 2014 to October 2015, is only Guangzhou Green Tea Catering Management Co. Ltd and its flag chain tort Green Tea restaurant in the U.S. group net group purchase by 59465, sales reached 5 million 351 thousand and 850 yuan. According to the number of meals accounted for three of the total number of meals accounted for the proportion of the catering industry to calculate the proportion of the total number of violations of the restaurant from 2014 to date the sales amount is estimated at not less than $15 million to 1/3.
What is different from that of
, Taobao’s platform mode, beauty group profit sharing service fees to the marketing model, a network of distributors in fact is the merchant, so it should bear the corresponding responsibility.
"in the United States to sell after the review after the signing of the agreement, we obtain a beauty group and other restaurant case ratio is 3.5%, the transaction is the U.S. mission to deduct 3.5% of each service fee, but we think that this is actually the name of sales and service contract to exercise"