HuangJiHuang Claiming 3.5 Million Yuan for Trademark Infringement

Three sauce stewing pot by HuangJiHuang

BeiJing HuangJiHuang Restaurant Management Co., Ltd. sued Qianjin Online (Beijing) E-Commerce Co., Ltd. and Beijing Xinxiang Tianhe Catering Management Co., Ltd. for trademark infringement and unfair competition, demanding that the two companies must stop infringement and compensate for the economic losses of 3,500,000.

The case was heard in Haidian People’s Court on April 15.

HuangJiHuang claimed that it was the trademark owner of HuangJiHuang and Simmer Huang and also the inventor of the name and practice of simmered hot pot. Besides, it had put huge investment in brand propaganda. Therefore, the name, which was familiar to many, should be protected against unfair competition laws.

The three defendants, Qianjin Online (Beijing) E-Commerce Co., Ltd., Beijing Xinxiang Tianhe Catering Management Co., Ltd. and Mr.Wang, posted lots of fake alignment information online without permission.

HuangJiHuang believed that the information posted online stole its trademark and commodity name illegally, causing public confusion. Such behavior committed trademark infringement and unfair competition. The plaintiff requested the court to make a decision that the defendants must stop infringement immediately, publish an apologize statement and pay 3514935 Yuan for economic losses and repair fees.

Xinxiang Tianhe argued that the websites were not its products and that it didn’t know exactly who posted the information online.

Qianjin Online argued that its huangye88 website was an information platform for free. The involved information was written and uploaded by users themselves. Qianjin Online had never posted any information nor obtained any profits. “We deleted the information as soon as the complaint arrived.”

Mr. Wang hadn’t appeared in court nor submitted a statement of defence.

Currently, the case is still under investigation.

April 16, 2019

Source: Beijing Youth Daily

photo from: sohu.com