What Does the Street Coffee Resale Case Mean for Vendors?

A blogger bought dozens of cups of Mixue Bingcheng lemonade through a delivery app, kept them cold in insulated boxes, and resold them at a scenic spot for 6 yuan each instead of the usual 4 yuan. He sold 98 cups in three and a half hours and earned 254 yuan, which set off a debate about resale, food safety, and trademark use.

A lawyer said buying through legitimate channels and reselling is generally not illegal, though selling without a permit can break street vending rules. The brand cannot dictate resale prices, and ordinary trademark use is usually not infringement. The case also highlights how much high price coffee and drinks can carry at tourist spots.

Recently, a blogger set up a stall at a scenic spot to resell Mixue Bingcheng lemonade, selling a product originally priced at 4 yuan for 6 yuan and making a profit of 254 yuan in three and a half hours, quickly trending on social media. Some praised his business acumen, while others questioned whether reselling is illegal and how food safety responsibility should be divided. Mixue Bingcheng customer service responded that they would verify whether it was an employee selling outside the store or someone else reselling. A lawyer pointed out that reselling after purchasing through legitimate channels is generally not illegal, but it may violate regulations on street vendors; the brand has no right to restrict resale prices, and reasonable use of trademarks usually does not constitute infringement. Behind the incident, attention is also drawn to the difference between off-premises sales by stores and price markups. Friends who enjoy specialty coffee might also want to check out Front Street Coffee's related recommendations.

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Recently, a message about "a blogger setting up a stall at a scenic spot to resell Mixue Bingcheng lemonade" sparked a lot of discussion online.

According to a report by Jingchu Live, a blogger spotted a business opportunity, first ordering dozens of cups of Mixue Bingcheng lemonade at once through a food delivery platform, then using delivery insulated boxes and ice bottles to keep them cold, and transporting these drinks to crowded locations to peddle to passersby. The blogger claimed that the lemonade originally priced at 4 yuan (actual cost 3.4 yuan) was marked up to 6 yuan and sold, with 98 cups sold in three and a half hours (2 of which he drank himself), ultimately earning 254 yuan.

After the video was uploaded online, it quickly attracted many netizens to watch and engage in heated discussion. Some praised the blogger for being quick-witted, calling him a "business genius," and pointed out that bottled water in scenic spots is usually sold at a relatively high price, so by comparison, 6 yuan lemonade is still acceptable.

However, some voices doubted that this practice of buying in bulk and then reselling at a markup might cross legal red lines, believing that if the brand pursues accountability, the reseller might have to bear corresponding responsibility. In addition, if the drinks sold to passersby have food safety issues and cause drinkers physical discomfort, whether the responsibility should fall on the brand or the seller also became a focus of controversy.

Beyond these discussions, some Mixue Bingcheng fans also mentioned that in places such as Henan and Sichuan, it is actually common to see Mixue Bingcheng employees riding electric bikes and selling prepared drinks at crowded spots such as parks and school gates.

Citizens who have seen this kind of small cart said that store employees place drinks made in the store on the cart and hawk them along the street, and passersby may stop and buy a cup when they hear the familiar advertising song playing from the speaker. According to their understanding, the brand allows stores to increase revenue in this way, except that when employees sell outside, the drink prices on the small cart remain consistent with the store and are not marked up.

Therefore, regarding the blogger making a profit by reselling Mixue Bingcheng lemonade at a markup, some also suspected whether it was the personal behavior of certain store employees.

As the topic continued to heat up, a reporter contacted Mixue Bingcheng customer service about the matter. The other party responded that the relevant situation had been recorded and would be fed back to the company's relevant departments, after which dedicated personnel would verify whether it was employees selling outside the store or others reselling.

As for whether secondary sales are illegal, a lawyer analyzed to the reporter that from the perspective of legality, the products sold by the reseller were purchased through legitimate channels, without counterfeiting, without driving up prices, and without infringing on the rights and interests of others, so it generally does not constitute illegality. However, the reseller may violate local regulations on the management of street vendors because of lacking a business license, not having handled relevant certificates, and so on.

The lawyer also pointed out that after Mixue Bingcheng sells its products, the buyer enjoys the right of disposal, and the brand has no right to restrict their resale behavior. If the brand restricts resale prices, it may be suspected of violating the provisions on vertical monopoly agreements in the Anti-Monopoly Law.

Regarding the reseller's use of the "Mixue Bingcheng" signboard and logo while running the stall, the lawyer said that the subjective purpose is mostly to indicate the source of the products, not malicious trademark infringement, and if it does not cause negative impact on the brand and constitutes reasonable use of the mark, it usually does not constitute infringement.

Image source: online screenshot

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