The Tianyancha App shows that recently, Qiu Maoting (Guangzhou) Catering Management Co., Ltd., Lujiaoxiang Snack Bar in Yuci District, Jinzhong City, Beijing Sankuai Technology Co., Ltd. trademark ownership, infringement disputes, civil judgments of the first instance were announced. The plaintiff is Qiu Maoting (Guangzhou) Catering Management Co., Ltd. The defendants were Lujiaoxiang Snack Shop, Yuci District, Jinzhong City, and Beijing Sankuai Technology Co., Ltd. The cause of the case was a dispute over trademark ownership and infringement. The case number is (2020) Jin 07 Minchu No. 74, and the trial court is the Intermediate People's Court of Jinzhong City, Shanxi Province.
The plaintiff stated that the "Lujiaoxiang" brand operated by the plaintiff Qiu Maoting was an internationally renowned chain of creative beverage brands. With the permission of Qiu Maoting, the founder of the "Lujiaoxiang" brand, the plaintiff has the right to exclusively use all the works of the "Lujiaoxiang" series under the name of the licensor Qiu Maoting. After investigation, it was found that the defendant used a large number of works of Lujiaoxiang, which the plaintiff owns the copyright, in its offline business activities without the permission of the plaintiff and Qiu Maoting, infringing the plaintiff's right of reproduction, distribution, exhibition and information network dissemination right. At the same time, the defendant used the same or similar service/product name, packaging, and decoration without authorization to make the public mistakenly believe that the service and product originated from the plaintiff or had a specific connection with the plaintiff. It was an act of using the original notice's name to obtain excess profits, which constituted unfair competition, etc. The defendant, Lujiaoxiang Snack Bar, was legally summoned by the court but did not appear in court to participate in the lawsuit, nor did he submit a written defense.
The result of this case is that the defendant Lujiaoxiang snack bar in Yuci District, Jinzhong City, immediately stop infringing on the copyright of the "Lujiaoxiang" series of artworks enjoyed by the plaintiff Qiu Maoting (Guangzhou) Catering Management Co., Ltd.; compensate the plaintiff Qiu Maoting (Guangzhou) the economic loss of the Catering Management Co., Ltd. (including reasonable expenses for stop infringement) for 20,000 yuan, etc.
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