"Who is the flowing bell pot cake?" The owner of the two pot cake shops in Binzhou went to court!

Recently, Longshan Black Pottery, Jiaodong Huadao, and Binzhou Bubu Tiger's series of "Shandong Hand -made" made a circle. Hand -made, because of the combination of handmade artists and the fireworks of the world, it becomes particularly cute.

There is also a type of food in "Shandong Hand -made", such as Qingdao's draft pork trotters, Changyi Daipan, and Binzhou Liuzhou cake.

The cake of the pot is round, thin and soft. Generally, there are two types of stuffing and stuffing. The vegetarian stuffing is made of spinach, leek, cucumber, green peppers, eggs and other ingredients. Generally, it is also put in the local specialty shrimp skin. The stuffing has pork head meat, fat intestines, shredded meat, and chicken stuffing.

But during this time, the boss of the two pot cake shops went to court about "Who is the cake?"

The flow bell pot is mine, I registered!

In 1999, Lu Mouyong registered and set up an individual industrial and commercial household "Fucheng Pot Cake" and began to operate the pot cake business. In 2004, it was renamed "Zhanhua County Liuzhong Cake Shop". Register to obtain the left graphics trademark in 2007, approve the use of category 30 pot cake products, register for the "flow bell pot cake" trademark in 2018, and approve the use of category 43 buffet restaurants, restaurants, restaurants, buffet restaurants, fast restaurants, fast restaurants In terms of service, the right to obtain the right trademark in 2020, approved in the 43rd types of buffet restaurants, restaurants, restaurants, buffet restaurants, fast restaurants and other services. The above trademarks are within the validity period.

Zhang Mouyi is also an operator of a pot cake shop. In 2011, he registered the establishment of Zhang Laosuzi Cake Shop, Binzhou City, Binzhou City. The words Zhang Laomong "is marked with the word" head shop "on the right.

Lu Mouyong believes that Zhang Laowu's cake shop uses the word "flow bell pot cake" in the operation, which leads to the confusion or misunderstanding of the relevant public, which constitutes the infringement of its registered trademark. In 2003, it began to operate the pot cake business in the name of "flow bell cake", which is far earlier than Lu Mouyong's trademark registration time. It does not constitute a trademark infringement.

I am the "source" of stream cakes, I don't infringement!

During the Wei and Jin dynasties nearly 2000, Qilu's land included cakes, cakes, soup cakes, cage cakes, ring cakes, etc. In the "Cake Fu" of the Jin Dynasty: "Qi Ren onion tone, soft and spring cotton, fry until yellow crisp, Xiangfei is scattered and far away, pedestrians are coveted to the wind, the engine cakes lips, and the waiters swallow. "So far, it is still fragrant with lips and teeth.

At the end of the Ming Dynasty, Zhanhua streaming bells were named Sang auspicious cakes, followed her father -in -law Zhang Fenghe to make pancakes. Later, they opened a pot of cake shops on Liuzhong Street. Sale, business is very popular. Later, the portal was founded to take the hall number "Zendedang". It means to accumulate virtue and good promotion.

The Sang family has three sons and a daughter, and the third son Sang Shoushan inherits her father's business. It is further improved on the basis of the pancake. Wheat powder and noodles are used alone, the dry wood is warm, and the noodle cake is as thin as paper. And flexible and crispy, stir -fry on high heat, roll with cake skin, brush the sesame oil slightly, aroma, refreshing, delicious pot cakes are favored by customers. One passing ten, ten passes, everyone scrambled to "Zendetang" to eat pot cakes.

The Liuzhong Village where the "Zeng Detang" is on the verge of hacker river. Before the Liuzhong Bridge was built, it was a ferry. cake. Later, the flow bell is referred to as the flow bell, and the flowing bell mouth cake is also referred to as: flow bell pot cake.

After the reform and opening up, the descendants of the Sang family re -filed the old industry, and they were hung in the "Sangji Liu Bing Beat Pot and other places in Zhanhua County, Liuzhong, Bo Toutou, Xiawa, Yongfeng, Fengjia, Bincheng District, Sanhehu Town, Bincheng District. Cake "brand opening. Zhang Laowu's cake shop operator Zhang Mouyi and Sang family are in -laws, and they are the descendants of Sang Jixiang's father -in -law Zhang Fenghe. The "Binzhou Taste" that has been inherited for many years has no right to prohibit others from using it legitimately

Zheng Naiqun, the president of the three courts of the Binzhou Intermediate People's Court, said that in this case, the "flow bell" is the place name of Zhanhua District, and the "pot cake" is the name of cake roll food. In the long historical period, it gradually passed down " The name of the flow bell pot cake ". Before Lu Mouyong registered the trademark, the "flow bell pot cake" had become a relatively common food name, well -known by the majority of diners, and became the "Shandong hand" representing Binzhou flavor.

From the historical origin, the founders of Zhang Mouyi and the "Sang Ji Liu Bingzi Cake" have the origin of the blood and the teacher. Food itself.

For the public, everyone is more accustomed to understanding this store's tricks. For example, the cakes of the flowing cooker, the ingredients of the pan, and the local cuisine of the cake skin rolled. Zhang Laowu Pot Cake Shop uses the "flow bell pot cake" in the name of the Meituan store. It does not climb the subjective malice involved in the trademark involved, and it will not cause the public to misunderstand the provider of the product, which does not constitute the trademarkability. Use, Lu Mouyong has no right to ban.

In the end, the Binzhou Intermediate People's Court maintained the first trial of the Economic Development District Court. He believed that Zhang Laowu Cake Shop used the "flow bell pot cake" in the name of the store or Meituan store, which did not constitute a special trademark infringement.

In recent years, "Green Pepper", "Xiaoyao Town Hu Spicy Soup", "Tongguan Meat Following", which contains the trademark rights protection of the place name is not uncommon. In December 2021, after the "Tongguan Meat Clear" geographical trademark rights protection incident, the highest people The person in charge of the three courts of the court once said that some trademarks include place names, and these place names often have unique commercial value. According to the provisions of the Trademark Law, even if the registered trademark is exclusively obtained, the right holder has no right to prohibit others from prohibiting the place name contained in the registered trademark.

If others legitimate the place names contained in the registered trademark, if the right holder shall file a relevant lawsuit to the people's court, the people's court shall not support it according to law.

The Chinese have a frank and persistent love for food. Just like Wang Zengqi, solemnly describes "food", Kunming's rice noodles, bait pieces, Beijing's pickles and leek flowers, and the four prince flags to pull the sheep tail ... But there is no doubt that his favorite is his hometown cuisine, " Tap the corner of the duck egg, the chopsticks are tied, and the red oil squeaks -emerge ", which is the salted duck egg of Gaoyou.

The city's food is the taste of hometown. Because of a hidden mind, thinking of a private label to the city's food by official certification, it is a great loss for the travelers who love their hometown taste. It is also unfair to craftsmen who have inherited the taste of food.

The "interpretation" in the legal community is that registering and using trademarks should follow the principle of honesty and credit, and deliberately "touch porcelain" under the banner of intellectual property rights protection, and will not receive legal support.

Therefore, it is more cute to listen to the law.

Source: Binzhou Intermediate People's Court

Edit: Sun Bei

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