More than a hundred rated shops across the country were sued for infringement.

Jimu Journalist Ding Peng

On August 13, the owner of the Jijiang Yifa Store in Jiujiang, Jiangxi said, saying that because of the name "Oriental Cut" with the name "Oriental Cut", it was prosecuted by Beijing Oriental Famous Beauty Hairdressing Chain Co., Ltd. (hereinafter referred to as Beijing Oriental Famous Cut). 80,000 yuan, there are more than 100 barber shops in the company like her. Several other hairdressing shop owners who have also been prosecuted told Jimu Journalists that they did not know that there was such a haircut chain company in Beijing.

A lawyer who represented some cases for Beijing Oriental Shear told Jimu Journalist that as a chain beauty and hairdressing company, it is bound to develop franchise stores and chain stores nationwide. Before further expanding the company's business, it is necessary to take action to defend rights protection. This is why the company filed a batch lawsuit.

Ms. Zhou's subpoena (source: source: respondent) received by Ms. Zhou's infringement of trademark rights

More than a hundred "Oriental Cut" was sued

On August 13, the owner of Yimei Shop in Lushan City, Jiujiang, Jiangxi posted a video saying that she received a prosecution of Beijing Oriental Cut on August 11, and the other party asked for compensation for 80,000 yuan. She said that she did not know that the use of "Oriental Cut" 4 words would infringement, and the brand of Oriental cutting did not reach the level of everyone. In the stores she operates, the charging price, display goods, shop decoration, business philosophy, activities, etc. are also as good as the Beijing Oriental name cutting. The other party brought losses, and she has now replaced all the items with the words "Oriental Cut" in the store, hoping that the other party can withdraw the lawsuit.

On the 15th, Ms. Zhou, a video publisher, told Jimu Journalists that more than 100 barber shops who have been prosecuted in the country as her nationwide, most of them are barber shops in counties or towns. Some have already opened the trial, some are communicating and mediation, and some who have just received an indictment like her. After receiving the court's pass, she knew her shop name infringement. The next day, she replaced all the items with the words "Oriental Cut" in the store.

"We respect the intellectual property rights, but the compensation of 80,000 yuan is actually a sky -high price. We will open the court on August 22. We really don't know what to do." Ms. Zhou said, although she does not know what to deal with Essence

Ms. Qiu opened a barber shop in Qingshui, Gansu. Because the name of the community opposite the barber shop was "Oriental Mingcheng", she named her barber shop "Dongfang Ming Shear", which has been operating for 5 years. On April 26 this year, she received a lawyer's letter from Beijing Oriental cutting hair. She had never heard of this company in Beijing. She changed the barber shop within three days of receiving a lawyer's letter. name. Nevertheless, in June this year, she received a notice of the opponent's prosecution and asked her to compensate 60,000 yuan.

Ms. Sun of Rongcheng, Hebei told Jimu reporter that her store was named Dongfang Cut in 1995. At that time, she and her husband worked in the store, and later they picked up the store from the boss. When they mentioned their barber shops in Rongcheng County, adults and children know that at the end of 2021, they received a lawyer's letter from Beijing Oriental cutting, only to know the shop name infringement, and they could only use their own names. But two weeks later, she received a prosecution of trademark infringement. The case in March 2022 had begun. At present, the court sentenced them to compensation for the other party of 7,000 yuan. In response, Ms. Sun said that they had asked the local intermediate people's court to appeal and tried it, but they had not made a judgment.

Jimu Journalists subsequently interviewed a number of barber shop owners who were prosecuted. Gansu, Hebei, Yunnan, Sichuan, Anhui and other places had county or town barber shops in the town were prosecuted. Some of them received a lawyer's letter from Beijing Oriental Cut before being sued, and some received the court submission directly. Several barber shop owners believe that the situation they encountered this time is similar to the previous Tongguan meat clip incident, Xiaoyao Town Hu spicy soup incident, and the green pepper grilled fish incident.

Beijing Oriental Famous Cut the evidence materials collected by the store before the prosecution (Figure source: respondents' picture supply)

The plaintiff lawyer said that there is no way to collect money

According to the information of Tianyancha, Beijing Oriental Famous Cutting Beauty Hairdressing Chain Co., Ltd. is a modern enterprise integrating beauty and hairdressing. It was established in 1998. Since 2022, the company has filed a trademark infringement lawsuit in more than 110 barber shops across the country.

Jimu Journalists contacted a lawyer who agents who agent some trademark infringement in Beijing Oriental cutting. He was responsible for a lawyer's letter to four local barber shops suspected of infringing the "Oriental Cut" trademark and filed a lawsuit. Among them, there was a case victory in early August.

The lawyer said that as a chain beauty hair company, it is bound to develop franchise stores and chain stores nationwide. Before further expanding the company's business, it is necessary to take action to protect their rights. This is why the company filed a batch lawsuit. In his case, a barber shop owner was an employee who had previously studied work in Beijing Oriental cutting, and then returned to Gansu to open a barber shop named "Oriental Cut".

The lawyer also said that the amount of the claims of the victory case except for some necessary and reasonable expenses for Beijing Oriental's name shear to protect rights protection, basically there was basically no surplus, and there was no situation of collecting wealth. After a lot of investment in the "Oriental Cutting" brand in the early stage, when the company prepares to vigorously develop the national business, it is found that barber shops using the name "Oriental Cut" in various places are common. Essence On the 15th, Jimu Journalists called Beijing Oriental Famous Cut 4 telephones in the Tianshun Inspection, but after two of them were connected, the other party said that it was not the company's people. Services, there is also a landline that has repeatedly dialed no one to answer.

The reporter saw in a civil judgment obtained by obtaining that the Beijing Oriental name was cut off nearly a hundred directly -operated chain stores in Beijing, Zhejiang, Chengdu and other places. Its good brand image has been deeply rooted in the hearts of people. The cost is 100,000 yuan and 240,000 yuan. The defendant's use of the same or similar trademark logo as its registered trademark "Oriental Cut" without permission has misunderstood the source of service sources, which seriously damages the trademark right of Beijing Oriental Cut, and causes it to huge huge Economic losses and brand value and goodwill damage.

The rights protection group built by the merchants in the country by Beijing Oriental Famous Cut (Figure: Source: Interviewee Conferring)

Lawyer: The company's batch lawsuit is obtained three strokes

Attorney Chai Xin, a law firm from Beijing Dacheng (Wuhan) Law Firm, said that in accordance with the "Interpretation of Several Issues of the Supreme People's Court on Trial Civil Disputes on Trademark Civil Disputes" and the provisions of Article 1 The text of the text, as the company's font, is prominently used in the same or similar products, and it is easy to make the relevant public misunderstanding that belongs to trademark infringement. From the perspective of existing civil judgments, the court's judgment has not been improper. The state has a stronger blow to infringe intellectual property rights, and the awareness of corporate rights protection is getting stronger, but the situation of enterprises has increasingly conducting batch lawsuits. There are indeed some "trademark hunters" companies. Related provisions to obtain economic compensation.

Chai Xin believes that under normal circumstances, enterprises can not only obtain certain economic compensation through batch lawsuits. After a lawsuit, they can also eliminate the market, and at the same time increase corporate reputation and popularity. The court will also take into account the subjective maliciousness of the defendant's infringement, economic compensation, and the adverse effects when the judgment is punitive. Between more than 10,000 yuan, the court basically reduced the amount of compensation as appropriate, not only protecting the legitimate rights and interests of rights protection enterprises, but also taking into account the social effect.

- END -