The phenomenon of infringement and counterfeiting of catering brands is becoming more and more serious, which has brought great trouble and loss to genuine catering brands. Some criminals impersonate genuine catering brands and engage in unfair competition by plagiarizing brand names, imitating brand logos, and stealing brand packaging. These infringements and counterfeiting not only infringe on the legitimate rights and interests of genuine catering brands, but also damage the interests of consumers and have a negative impact on the entire industry.
Infringement Determination:
When determining the infringement of a catering brand, the following aspects can be considered:
1.Whether there is any unauthorized use.
When judging whether a F&B brand has been infringing and counterfeiting, it is first necessary to consider whether the brand is being used by unauthorized third parties. Infringement may occur if the brand's name, logo, packaging, etc., is used by an unauthorized third party.
2.Whether there is misleading consumer behavior.
Counterfeiting includes not only direct copying and pasting, but also minor alterations to the brand logo, name, packaging, etc., in order to mislead consumers into believing that it is a genuine brand. This behavior is also illegal.
3.Whether it constitutes unfair competition.
In addition to the above two situations, it is also necessary to consider whether the infringement constitutes unfair competition. If a catering brand competes maliciously through false advertising, malicious slander and other means, then there may also be infringement.
Methods and ways to protect brand rights and fight counterfeiting:
1.Gather evidence.
First of all, genuine F&B brands need to collect sufficient evidence to prove the existence of infringement and counterfeiting. This includes brand name, logo, usage of packaging, sales channels, promotional materials, etc. Only by mastering sufficient evidence can we lay the foundation for subsequent rights protection.
2.Communicate and negotiate with the infringing party.
After grasping the evidence, the genuine catering brand can communicate and negotiate with the infringing party. Try to reach a settlement through friendly negotiations. If an agreement can be reached, it will not only reduce the cost of litigation, but also solve the problem in a short time.
3.Lodge a complaint with an administrative authority.
If the negotiation fails, the genuine catering brand can file a complaint with the administrative authority. In China, administrative organs such as the Administration for Industry and Commerce and the Copyright Office are responsible for cracking down on infringement and piracy. By filing a complaint with an administrative authority, the administrative force can be used to combat infringements.
4.Filing a lawsuit.
If neither of the above methods can solve the problem, the legitimate F&B brand can choose to file a lawsuit. In the course of litigation, it is necessary to fully demonstrate evidence to prove the existence of infringement. If the court finds that there is an infringement, it will impose legal sanctions on the infringing party and compensate the genuine catering brand for its losses.
In short, in the face of the increasingly serious infringement and counterfeiting of catering brands, genuine catering brands need to strengthen their awareness of rights protection and anti-counterfeiting, and take a variety of measures to protect their legitimate rights and interests. At the same time, it is also necessary to strengthen industry self-discipline, standardize the order of market competition, and jointly create a healthy and fair market environment.
Anti-counterfeiting company risk ** mode:
Enterprises entrust intellectual property anti-counterfeiting companies to fight counterfeiting, without charging any fees, advance the upfront costs needed to protect rights, and the enterprise sits and waits for the benefits, and at the same time the compensation is shared, as well as the effect of advertising infringement off the shelves!