It is a comprehensive judgment result that Honey Snow Ice City sued "Honey Snow Queen" for trademark infringement and received a compensation of 39000 yuan. Lawyer: Evidence needs to be provided for the losses suffered by Ice City | Honey Snow | 39000 yuan Lawyer:
Recently, the first instance judgment of the trademark infringement dispute case between Honey Snow Ice City Co., Ltd., Henan Lujiaoxiang Food Co., Ltd., and Zhengzhou Huobo Network Technology Co., Ltd.
The judgment shows that the plaintiff, Honey Snow Ice City Company, filed a lawsuit alleging that the defendant, Deer Horn Lane Company, prominently used the "Honey Snow Queen" trademark similar to the plaintiff's "Honey Snow" trademark on the packaging of juice, milk tea and other beverages it produced and sold. The defendant, Zhengzhou Huobao Company, knowingly knew the fame and influence of "Honey Snow Ice City" but provided online platforms to promote and sell infringing products. The infringement behavior of the two defendants can easily cause consumers to confuse and misidentify the source of the goods.
Deer Horn Lane Company argues that its products are legally authorized by the trademark owner of "Honey Queen" and there is no infringement; The trademark of "Queen Honey Snow" is suspected of infringing on the plaintiff's trademark without any malicious behavior. Zhengzhou Huobao Company argues that it has reviewed the corresponding qualification certificates and fulfilled its reasonable duty of care.
The court held that the defendant Lujiaoxiang Company was authorized to mark the words "Honey Snow Queen", and the overall image and details of the involved logo were substantially similar to the plaintiff's trademark. Moreover, the above-mentioned "Honey Snow Queen" trademark has been declared invalid, and Lujiaoxiang Company constitutes trademark infringement. Based on the existing evidence, it cannot be proven that the defendant Zhengzhou Huobo Company constitutes a helper infringement. In the end, the court ruled that the defendant, Lujiaoxiang Company, immediately ceased the infringement and compensated Mixuebingcheng Company for economic losses and reasonable expenses for rights protection, totaling more than 39000 yuan.
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Red Star News reporter called the official customer service and public relations department of Honey Snow Ice City to inquire about the details of the infringement dispute mentioned above, but as of the time of publication, no relevant response has been received. The relevant staff of the defendant Henan Lujiaoxiang Food Co., Ltd. stated that they were unclear about the specific situation of the incident after answering the reporter's phone call.
According to China Trademark Network, in 2021 and 2022, after several rejections of the "Honey Snow Queen" trademark registration by Honey Snow Ice City Co., Ltd., it was successfully registered in July 2023.
On July 7, 2023, Honey Snow Ice City Co., Ltd. was successfully registered as "Honey Snow Queen"
Previously, the trademark "Honey Snow Queen" was applied for registration by multiple companies
![It is a comprehensive judgment result that Honey Snow Ice City sued "Honey Snow Queen" for trademark infringement and received a compensation of 39000 yuan. Lawyer: Evidence needs to be provided for the losses suffered by Ice City | Honey Snow | 39000 yuan Lawyer:](https://a5qu.com/upload/images/5ae695687ffcfea8bc841193a0a29e3e.jpg)
It is understood that on December 17, 2020, Zhengzhou Cross Strait Enterprise Management Co., Ltd. changed its name to Honey Snow Ice City Co., Ltd. Since 2020, Honey Snow Ice City has filed an appeal for trademark infringement against multiple registered trademarks such as "Honey Powder", "Honey Snow Time", "Snow King City", "MIXUE" and other related enterprises. According to Tianyancha, as of now, most trademark infringement cases have not been resolved in the administrative judgments issued by Honey Snow Ice City Co., Ltd. However, trademarks such as "Honey Powder", "Honey Snow Time", "MIXUE", and "Honey Snow Yue" have been ordered to stop infringing.
According to media reports, in October 2022, the Guangzhou Intellectual Property Court ruled that the "Miyue Yue" text and image trademark used by Miyue Yue Technology Co., Ltd. was similar to the "Miyue Bingcheng" series trademark, with obvious subjective attachment and infringement of Miyue Bingcheng's trademark rights. In the final trial, it was decided that Mixue Yue Company and its legal representative, Liang, jointly compensated Mixue Ice City Company with a total of 500000 yuan in economic losses.
In contrast, is the compensation of over 39000 yuan received by Honey Snow Ice City in the trademark infringement case of "Honey Snow Queen" too low? Lawyer Chang Junhu from Beijing Enhe Law Firm believes that in trademark dispute cases, if the plaintiff can provide evidence to prove the losses suffered by their trademark due to infringement, or the defendant's profit from infringement, the court usually makes a judgment based on the plaintiff's evidence. But if the plaintiff cannot provide evidence of the defendant's infringement profits or the plaintiff's losses, the court will determine the amount of compensation based on the defendant's infringement and the plaintiff's brand awareness. In this case, the compensation amount of over 39000 yuan was the result of the court's comprehensive consideration of various situations.