U.B.C. Coffee Sues Franchisee For Tort

Shanghai No.1 Intermediate People's Court has accept a lawsuit raised by Shanghai Shangdao Food Chain Management against Shanghai Cailin Food Management and Shanghai Lifeng Food Company for trademark infringement.

The accuser says that approved by the State Trademark Bureau, Shanghai Shangdao Food Chain Management gained the trademark of U.B.C. Coffee from Hainan Shangdao Agricultural Development Company. The authorized categories include hotel and cafe. With the authorization of U.B.C. Coffee, Shanghai Shangdao Food Chain Management has the exclusive right of the trademark of U.B.C. Coffee in the Puxi area of Shanghai and in Hubei Province.

The accuser signed franchise contract with the two defendants. According to the contract, the two companies were allowed to use the trademark of U.B.C. Coffee and the period of validity is three years. However, the two defendants still use the trademark without renewing the contract, so the accuser sued its original franchisees for violation of its trademark right. The accuser requests the defendants to stop using the trademark of U.B.C. Coffee, remove all relative characters and pictures and pay CNY 300,000 as compensation for its economic losses.

The dispute about the trademark right of U.B.C. Coffee has caused several lawsuits between Shanghai Shangdao Food Chain Management and its franchisees. This is the eighth case that Shanghai No.1 Intermediate People's Court received so far.