What does the luxury-logo café case say about fair trade coffee marketing?
A trendy café in Ningbo printed LV and CHANEL logos on coffee and cakes and drew crowds of photo-seeking customers. After the Haishu District Market Supervision Bureau investigated with CHANEL's intellectual property agency and LV's legal department, it concluded the shop had no authorization to use the marks but did not establish trademark infringement. The café was fined and its printing molds confiscated.
Because the Nice Classification separates goods and services, the logos were not applied to the classes the brands registered, so the case fell under the Anti-Unfair Competition Law instead. The episode shows where creative marketing crosses a legal line. Debates around fair trade coffee and facts about fair trade coffee raise comparable questions about how brands and certification marks are used in promotion.
A while back, a "ladies who lunch afternoon tea" trend quickly went viral online. A trendy café in Ningbo attracted a large crowd of consumers wanting to check in and take photos because it printed "LV" and "CHANEL" logos on its coffee and cakes, but it also drew the attention of market regulators. After investigation, law enforcement officials determined that the shop's actions did not constitute trademark infringement, but were suspected of violating the Anti-Unfair Competition Law, and it was ultimately fined and had its printing molds confiscated. Behind this case lies the delicate game between creative marketing and legal boundaries. Today, Front Street Coffee will review the course of events with everyone and talk about the bottom line and limits of brand marketing.
Do you all still remember the "ladies who lunch afternoon tea" that caused a stir online not long ago?
On March 26, according to an NBTV News report, the Haishu District Market Supervision Bureau told reporters: the bureau has handled a case involving a trendy café selling afternoon tea bearing luxury brand logos. The party involved was fined, and the molds printed with "LV" and "CHANEL" patterns were also confiscated in accordance with the law.
The incident unfolded as follows:
Previously, a video on Douyin titled "Ningbo's Super Beautiful Sunset Coffee - Rich Lady Afternoon Tea" attracted a great deal of attention (those interested can search for it themselves). The video content was roughly this: an afternoon tea product launched by a trendy café within Ningbo's jurisdiction had well-known luxury brand logos printed on it, and with the appeal of these major brand marks, many consumers went there specifically to take photos and check in.
It is understood that this café follows a minimalist industrial-style decor route, and its signature products are precisely coffee and cakes printed with "CHANEL" and "LV" logos. Such soaring popularity aroused the vigilance of law enforcement officials.
Law enforcement officials judged that the shop might be involved in trademark infringement, so they immediately contacted CHANEL's intellectual property agency and the legal department of LV's company.
After investigation and appraisal, it was confirmed that the trendy café had not obtained authorization to use these trademark designs.
However, according to the Nice Classification, goods and services are divided into 45 major classes, of which goods classes are 1 to 34 and service classes are 35 to 45. The coffee and cakes sold by this trendy café belong to Class 30 in the Nice Classification, while neither CHANEL nor LV has registered trademarks in Class 30 goods. In addition, Article 56 of the Trademark Law of the People's Republic of China stipulates that the exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use. Moreover, because CHANEL and LV could not provide relevant appraisal reports, the trendy café's act of printing "CHANEL" and "LV" logos on coffee and cakes did not constitute trademark infringement.
However, law enforcement officials also clearly pointed out: although it does not constitute trademark infringement, that does not mean this behavior is legal. Without the permission of the rights holder, arbitrarily using the logos of world-famous luxury brands on one's own products disrupts market order. In light of relevant laws and regulations and the facts of the case, the trendy café involved was ultimately investigated and handled on suspicion of violating the Anti-Unfair Competition Law of the People's Republic of China.
Looking back, trademark infringement incidents are common. As an important part of intellectual property, the influence of trademarks needs no elaboration. It is not only the foundation of a company's brand building and helps with market competition and advertising promotion, but also a symbol of corporate reputation and quality. Once a company discovers that its trademark has been infringed, it should defend its rights in a timely manner, because this concerns not only its own rights and interests, but also the protection of consumers at large.
At the same time, in order to attract customers, more and more businesses are launching all kinds of novel marketing methods to stimulate consumption. Innovative marketing is certainly worth encouraging, but no matter how brilliant the creativity, the legal and moral boundaries of "creative marketing" must be firmly grasped.
Finally, if a brand wants to truly win consumers' attention, it does not necessarily have to rely on the path of "creative marketing." Conveying healthy brand values and the story behind the product to consumers is equally crucial.
*Some sources: NBTV News
*Image source: Internet
The above content is compiled by CoffeeHunters, a coffee news website.
