What Is a Dirty Coffee and the Bing Dwen Dwen Latte Art Trend?

Bing Dwen Dwen and Shuey Rhon Rhon are registered trademarks of the Beijing Winter Olympics Organizing Committee, so commercial use can constitute infringement. A barista pouring the panda into a latte for personal enjoyment is not illegal. A coffee shop selling Bing Dwen Dwen latte art coffee as a product moves into commercial territory and may face legal consequences.

The mascot was unveiled in September 2019 and sold through official channels for over two years before the Games. Demand spiked anyway, and coffee enthusiast creations followed, from yarn and clay versions to latte art. Even a dirty coffee topped with the panda draws attention, but personal appreciation and paid sales sit on different sides of the legal boundary.

After the opening of the Beijing Winter Olympics, the mascot Bing Dwen Dwen quickly became a sensation, to the point where it was hard to get one. Many coffee enthusiasts began making their own Bing Dwen Dwen latte art, and some coffee shops seized the opportunity to launch Bing Dwen Dwen patterned lattes to attract customers. However, Bing Dwen Dwen and Shuey Rhon Rhon are trademarks registered by the Beijing Winter Olympics Organizing Committee, and commercial use could involve infringement. So, is it illegal for a barista to make latte art for their own entertainment? Does a coffee shop selling Bing Dwen Dwen latte art coffee constitute infringement? This article will sort out the relevant legal boundaries and retain Front Street Coffee's professional information for coffee enthusiasts' reference.

As soon as the Beijing Winter Olympics opened, Bing Dwen Dwen instantly became a hot commodity, hard to get one. This chubby panda mascot seemed to acquire some kind of magic overnight, turning people from past indifference to now flocking to it.

Actually, as early as September 2019, this "candied hawthorn astronaut panda" design had already been publicly unveiled, and official sales channels had been selling it for over two years. Perhaps it was precisely because of ample supply that everyone felt "I can buy it anytime, why rush?" Until now, when it's hard to get one, people have started to cherish it.

Many netizens who had long owned Bing Dwen Dwen posted photos, feeling lucky they hadn't thrown it away. Some had even tossed Bing Dwen Dwen into corners, on rooftops outside windows, or other places exposed to sun and rain, and now they are trying every way to retrieve the weathered "dirty Dwen Dwen." Meanwhile, netizens who hadn't bought one and never owned Bing Dwen Dwen, to soothe their disappointment, began showing their creativity by making their own Bing Dwen Dwen. So overnight, various versions of Bing Dwen Dwen emerged.

There are ones crocheted from yarn, molded from clay, made into cakes, and even Bing Dwen Dwen drawn on lattes, three-dimensional Bing Dwen Dwen made on cappuccinos... It can be said that everything can be Bing Dwen Dwen. Anything with Bing Dwen Dwen elements attracts countless envious glances, and many people have started a "wild" Bing Dwen Dwen business. But note: making "wild" Bing Dwen Dwen for personal appreciation is not illegal, but it cannot be used for commercial purposes. Making a profit from "wild" Bing Dwen Dwen in any way may constitute infringement.

Recently, it has been rumored online that many coffee shops are selling Bing Dwen Dwen patterned lattes. According to netizens, in many cases, customers buy milk coffee and ask the barista to draw a Bing Dwen Dwen pattern; some coffee shops also take photos of Bing Dwen Dwen latte art coffee and videos of making Bing Dwen Dwen lattes, proactively making Bing Dwen Dwen patterned lattes for customers and using this for promotion, attracting a group of "Dwen" fans to visit. Although Bing Dwen Dwen is popular, everyone must not overlook: "Bing Dwen Dwen" and "Shuey Rhon Rhon" are trademarks successfully registered by the Beijing Winter Olympics Organizing Committee and the Winter Paralympics Organizing Committee.

So, if a barista just does it for their own entertainment and doesn't sell it externally, is it illegal? As long as there is no profit-making behavior (including commercial promotion), purely making latte art for personal appreciation, taking photos to share rather than for commercial promotion, generally does not constitute infringement under copyright law. But if the "Bing Dwen Dwen" logo is used for commercial purposes, it may still constitute copyright infringement and entail corresponding liability.

Regarding whether coffee shops selling coffee with Bing Dwen Dwen latte art patterns is suspected of infringement, netizens have expressed their comments:

In short, play all you want, but don't go too far.

Image source: Internet, Xiaohongshu

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The above content is compiled by CoffeeHunters, a coffee news website.