Hebei Xiaoniu Catering Management Co., Ltd. (hereinafter referred to as "Xiaoniu") was sued by Sichuan Haidilao catering Co., Ltd. (hereinafter referred to as "Haidilao") and claimed 1 million yuan because some stores publicized "Haidilao in the cooking industry" According to the wechat "Beijing France Internet Affairs" of the Beijing Higher People's court, recently, the Beijing Dongcheng court sentenced the case, ordered the small cattle herding to stop the use of the case, publicly eliminate the impact and compensate Haidilao for economic losses and litigation expenses of 950000 yuan.
Hebei Xiaoniu Catering Management Co., Ltd. was founded in 1991, formerly known as the Big Dipper restaurant in the ancient city of Baoding. It is a Hebei cuisine brand. At present, it has 30 direct branches in Shijiazhuang, Baoding, Tangshan, Handan and Cangzhou, Hebei Province, with more than 1400 employees, a total operating area of 14000 square meters and an annual dining population of 6 million people. It has been rated as the "top ten restaurants with Chinese characteristics" by the Chinese cuisine Association and is a popular catering brand in Hebei Province.
In this regard, Haidilao believes that the three words "Haidilao" used by Xiaoniu in the publicity process are exactly the same as the composition of Haidilao's registered trademark, which constitutes trademark infringement and unfair competition. At the same time, Xiaoniu's improper use of Haidilao's brand and business advantages for commercial publicity also constitutes false publicity. So take it to court.
According to the indictment, Haidilao asked the court to order the calf to compensate for the economic losses and the reasonable expenses paid to stop the infringement of RMB 1million, and continued to publish statements in the prominent positions of its stores, the official wechat official account, meituan, hungry and the well-known newspapers and periodicals in the city where the stores are located for at least 30 days to eliminate the impact of its infringement.
The court ordered the defendant Xiaoniu to immediately stop using the "Haidilao" logo. In view of the high popularity of the trademark involved by the plaintiff, the defendant continued to use the logo in a large number of stores after the plaintiff sent a lawyer's letter twice. The court awarded the plaintiff 900000 yuan for the economic loss claimed by Haidilao and 50000 yuan for its reasonable expenditure as appropriate, and ordered the defendant to publish a statement in the rule of law daily to eliminate the influence for the plaintiff.
Haidilao said that Chaocheng law firm, a joint agency, will use the compensation awarded by the court for the "one hundred thousand assistance plan for the protection of intellectual property rights of catering enterprises".