"Light fast" juice "HeyJuice" in the "black" Juice claims 5 million yuan
In recent years, a "HeyJuice", known as "light fasting" juice, women lose weight began to rage. In November 5th, the "HeyJuice" producer in Beijing and poly Network Technology Co. Ltd., Beijing tea beverage shop and Hangzhou orange and kiwi Drinks Technology Chain Co. Ltd. to court, the two defendants are called "Li Gui", claims 5 million yuan.
Plaintiff: Trademark Infringement
Beijing poly company alleged that the company was founded in 2013, operation and management of the fruit and vegetable juice brand "HeyJuice". The product is currently by Jingdong, Tmall, vip.com, red book and other mainstream business platform, sales and 7-11 convenience stores, convenience store, convenience store, Rosen BHG boutique supermarket, AEON supermarket, SOGO chain commercial terminal, has covered Beijing, Shanghai, Guangzhou, Shenzhen and other 200 national city.
The agent said, "HeyJuice" brand products has received a lot of investment, including Sequoia Capital, tree capital, joint investment and Jingdong chairman of the board of directors of the Liu Qiangdong mall, film and television actress Angelababy. And "HeyJuice" in the "no juice alcohol" and "tea processing, fruit juice and other categories of registered trademarks, enjoy a series of trademark rights.
The defendant Beijing tea drinks in the store is orange, storefront of the interior decoration and the sales of commodity packaging and containers, used similar with the "HeyJuice" trademark logo: HEYJUICE tea and orange. The first defendant this behavior will inevitably cause confusion to the relevant public.
The two Hangzhou Kiwi Drinks Technology Chain Co. Ltd. in the Baidu search engine will be "HeyJuice" to buy keywords network promotion, at the same time on its official website, Sina, micro-blog, WeChat and other public platform to highlight the use of "HeyJuice" brand, and to join investment activities, the defendant is accused of two franchisees, the use the "HeyJuice" logo is provided by the two defendants, source of tort is the defendant two.
Beijing poly company and the agent believes that the two defendants not only without authorization and the plaintiff's trademark "HeyJuice" logo use approximation in its name, provide goods packaging, decoration, and the provision of goods, fruit and vegetable juice drinks, and the goods belong to the same species, this act constitute an infringement of trademark right and unfair competition against the heat, the free rider. Accordingly, the defendant to stop infringement, while Hangzhou qiyiniao company shall compensate 500 million yuan in economic losses.
Defendant: has the obvious difference
In this regard, Beijing tea is orange beverage shop agent said that the store is no longer in use of trademark. In addition, the company's brand stores, not typical. In addition, in the face of both goods fundamentally consumer groups is different, "HeyJuice" in the face of "light luxury" group, "HEYJUICE tea orange" is in the face of mass consumption.
Hangzhou qiyiniao agent added, the company is using the HEYJUICE tea brand promotion is orange, not the trademark, and the trademark has been registered. Moreover, two of the sales model is different, HEYJUICE is only a single takeaway orange tea sales, not by the electricity supplier sales model; in addition, the "HeyJuice" trademark registration is the type of juice, and the use of a pre packaged tea, HEYJUICE will provide the orange is to do tea and other commodities, two have obvious difference. The company's agent also mentioned that its stores in the ordinary consumer groups, and the plaintiff for the specific needs of women. Therefore, the defendant does not constitute infringement, nor does it constitute unfair competition.
In this regard, Beijing poly company agent and the defendant is put forward, from the beginning of 2016, the tea will update for the HEYJUICE trademark orange orange tea, but also highlight the use of "HeyJuice" in the presentation of goods, intentional infringement obviously.
Both the defendant and the plaintiff insists that no intersection, the name of commodity upgrade is just a coincidence. "Our business model is in fact a kind of coffee or tea." Hangzhou qiyiniao company agents also believe that their brand has also been vigorously promoted, through the line streets and lanes cloth, become everyone is awareness of the brand, while "HeyJuice" is not sold, or even stagnation, their brand awareness should be higher than the "HeyJuice".
Whether the mediation between the two agents are said to be back to the company to solicit opinions. In this case there is no judgment.
Editor: Li Tuo
Source: Beijing daily client
Edit process: RB003