Nanxiang Town is located in Jiading District of Shanghai. It is one of the four historic towns in Shanghai. A hundred years ago, Nanxiang Xiaolongbao, a famous traditional food at home and abroad, was born here. Due to historical reasons, Nanxiang Xiaolongbao has resulted in two different business branches, and trademark disputes have occurred between the parties. Recently, Shanghai Intellectual Property Court for trademark infringement and unfair competition filed by Shanghai Nanxiang Food Co., LTD. (hereinafter referred to as Nanxiang Food Company), Shanghai Nanxiang Catering Management Co., LTD. (hereinafter referred to as Nanxiang Catering Company) against Shanghai Old City God Temple Catering (Group) Co., LTD. (hereinafter referred to as Old City God Temple Company) and Shanghai Yuyuan Nanxiang Steamed Bread Shop Co., LTD. (hereinafter referred to as Nanxiang Steamed Bread Company) The final judgment of the dispute appeal case was made, rejecting the appeals of the two appellants, and upholding the first-instance judgment made by Shanghai Pudong New Area People's Court (hereinafter referred to as Pudong Court), that is, Nanxiang Food Company and Nanxiang Catering Company stopped the infringement and compensated the economic losses of Old City God Temple Company and Nanxiang Steamed Bun Company, etc234.2Ten thousand yuan.

        Ringser's view:The dispute about "Nanxiang Xiaolongbao" between the two parties in this case is actually a common problem encountered in the process of inheritance and development of the time-honored brand and its commodities. Due to historical reasons, both parties are originated from the "Rihua Xuan" pastry shop, but in the later development, Old Town God Temple Company chose the No43Class of catering service trademark registration, accurately reflect its business characteristics. Nanxiang catering lack choice No30Class Xiao long Bao, vegetable Bao and other food registration. Originally in their respective fields of development, peace and quiet, but Nanxiang catering to expand to service projects, beyond the boundary of its rights, resulting in infringement. Again, it also provides enterprises engaged in food or catering industry. Sometimes it is difficult to distinguish between products and services. The best way is to register and protect all the relevant categories. Welcome to contact Huanze intellectual property consulting related business!

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