"辣婆婆" might lose a case against "渝乡辣婆婆"

Beijing Spicy Grandma Catering Co., Ltd. (Spicy Grandma Company) brought Beijing Hainabaichuan Catering Co., Ltd. (Hainabaichuan Company) and Shijiazhuang Chuanyueshikong Yuxiang Spicy Grandma Co., Ltd. (Chuanyueshikong Company) to court, claiming the two companies infringed its enterprise name right. Losing the case in the first instance, Spicy Grandma Company appealed to a higher court.

Recently, Beijing No. 2 Intermediate People's Court heard the case.

In the first instance, Spicy Grandma Company claimed Chuanyueshikong Company's affiliated enterprise Hainabaichuan Company unauthorizedly used the registered enterprise name of Spicy Grandma Company as the logo of its shops and infringed the enterprise name right of Spicy Grandma Company, thus asking the court to order the defendants to stop using "辣婆婆" (Spicy Grandma) in its trademark of "渝乡辣婆婆" (Yuxiang Spicy Grandma).

As the court of first instance rejected its claim, Spicy Grandma Company appealed to a higher court.

In the second instance, the defendants argued their operation was legal as the registered trademark "渝乡辣婆婆" was identified by the State Trademark Office. Defendants did not agree to the claim of Spicy Grandma Company and accepted no mediation.

The case is still pending further. [Chinese version is available on bjnews.com.cn]