After spending 160,000 yuan to join the company and being authorized to open ＂Chongqing Fuqiao＂ for three years, it was sued for infringement.

Trial site

　　Recently, a foot bath shop in Zizhong, Sichuan Province is busy canceling its business license, preparing to change its name, and has removed all the relevant signs of "Fuqiao" in the store. More than three years ago, the store joined Chongqing Guo Fuqiao Health Care Service Co., Ltd., claiming that the other party had issued a Transfer Agreement to enjoy the ownership of all trademarks under the name of Chongqing Fuqiao Health Care Service Co., Ltd., and authorized it to use the "Chongqing Fuqiao" trademark and trade name.

　　In February this year, Fuqiao (Chongqing) Holding Co., Ltd. (Chongqing Fuqiao Health Care Service Co., Ltd. Holding Co., Ltd.) sued the court, demanding that the store stop the infringement and make corresponding compensation on the grounds that it infringed the trademark right of Fuqiao. In the end, under the mediation of the court, the two parties reached a mediation agreement voluntarily, and the store stopped using the trademark "Fuqiao" and paid Fuqiao (Chongqing) Holdings Co., Ltd. 60,000 yuan in one lump sum.

　　lawsuit

　　Three years after joining "Guo Fuqiao", he was sued for trademark infringement.

　　In October 2015, Ms. Zhang from Zizhong County, Neijiang City and her friends planned to do foot bath health care business. After investigation, they were introduced and finally decided to join a foot bath brand in Chongqing.

　　According to Ms. Zhang, the owner of the store, they joined Chongqing Guo Fuqiao Health Care Service Co., Ltd., and the initial fee was 160,000 yuan. When signing the Franchise Contract, the other party also issued a sealed Transfer Agreement. It is stated in the Transfer Agreement that the transferor is Chongqing Fuqiao Health Care Service Co., Ltd. and the transferee is Chongqing Guoshi Fuqiao Health Care Service Co., Ltd., and the content is that the transferor transfers all the trademarks under its name (including those in the application process) to the transferee for free and permanently, and the two companies share the ownership.

　　"They also gave us the power of attorney and the transfer procedures." The Power of Attorney submitted by Ms. Zhang to the court shows that she is authorized to open a franchise store of "Chongqing Fuqiao" in Zizhong County and use the trademark and trade name of "Chongqing Fuqiao" for a period of five years until October 2020.

　　After joining, the Guo Fuqiao Foot Bath Shop in Zizhong County, which was opened by Ms. Zhang and her partners, quickly started to operate. However, in February this year, she received a summons from the court. Fuqiao (Chongqing) Holdings Co., Ltd. sued the foot bath shop it operated to Neijiang Intermediate People’s Court on the grounds that it infringed the trademark right of Fuqiao.

　　mediate

　　"Lost" 60,000 foot bath shops and took down the "rich overseas Chinese" sign.

　　On April 26th this year, Neijiang Intermediate People’s Court heard the case. During the trial, Fuqiao (Chongqing) Holdings Co., Ltd. requested the court to order the Guo Fuqiao Foot Bath Shop in Zizhong County to immediately stop using three trademarks related to Fuqiao, such as Fuqiao and Tufu Foot Massage, to dismantle the shop signs and doorknobs with the same and similar signs such as Fuqiao, and to compensate the plaintiff for economic losses of 400,000 yuan. The entrusted agent of Fuqiao (Chongqing) Holdings Co., Ltd. also claimed that the company did not authorize the trademark to a third party, and believed that the store was an infringement without the legal authorization of Fuqiao (Chongqing) Holdings Co., Ltd.

　　On the other hand, the Guo Fuqiao Foot Bath Shop in Zizhong County argued that there was no infringement. The shop believed that its business behavior was licensed by Chongqing Guo Fuqiao Health Care Service Co., Ltd., and the company and Chongqing Fuqiao Health Care Service Co., Ltd. had the transfer relationship of the right to use three trademarks involved. In addition, after joining the store, the shop signs, decoration and quilt cover used for decoration are provided by Chongqing Guo Fuqiao Health Care Service Co., Ltd.

　　After the recess, the two sides conducted mediation under the auspices of the court and finally reached a Mediation Agreement voluntarily. According to the Mediation Agreement, within 60 days, the Guo Fuqiao Foot Bath Shop in Zizhong County will dismantle the shop signs and doorways with the same or similar signs such as "Fuqiao" and stop using the "Fuqiao" sign in the name of the enterprise and in providing services or publicity. In addition, the store also paid 60,000 yuan to Fuqiao (Chongqing) Holding Co., Ltd. in one lump sum.

　　On July 29th, the relevant person in charge of the store told the Chengdu Business Daily-Red Star journalist that all the signs of "Fuqiao" had been removed from the store, and he had applied for cancellation of business license and was ready to change his name. The person in charge also said that when joining Chongqing Guo Fuqiao Health Service Co., Ltd., the other party had authorized the store to use both the "Guo Fuqiao" logo and the "Chongqing Fuqiao" trademark.

　　Regarding whether Chongqing Guo Fuqiao Health Service Co., Ltd. ever obtained the trademark ownership under the name of Chongqing Fuqiao Health Service Co., Ltd., and whether it authorized franchisees to use the "Fuqiao" trademark, the relevant person in charge of Chongqing Guo Fuqiao Health Service Co., Ltd. said that it was not until 2017 that the company stopped the ownership of the trademark under the name of Chongqing Fuqiao Health Service Co., Ltd., but it is not clear whether it authorized franchisees to use the "Fuqiao" trademark.

　　The agent of Fuqiao (Chongqing) Holdings Co., Ltd. said in the trial that he did not authorize any third party, but the situation mentioned by the relevant person in charge of Chongqing Guo Fuqiao obviously conflicts with it. What kind of situation exists between the two parties is also unknown.

　　observe

　　"Fuqiao" once defended rights throughout the country.

　　There are different judgments on whether to "join" through a third party.

　　Chengdu Business Daily-Red Star journalists searched on China Judgment Document Network and China Court Trial Open Network, and found that trademark infringement cases brought to court by Fuqiao (Chongqing) Holding Co., Ltd. existed in many courts all over the country, among which some cases were withdrawn due to out-of-court settlement.

　　Announcement:

　　Defend the rights of counterfeit "Fuqiao" brands.

　　On the official website of Chongqing Fuqiao Health Service Co., Ltd., at least three related Declarations or Announcements claim that the trademark of Fuqiao has been infringed and will be protected. Among them, in June 2017, the company claimed that someone engaged in franchise chain business and other marketing activities in the name of Chongqing Fuqiao Health Service Co., Ltd. or Fuqiao (Chongqing) Holding Co., Ltd. without authorization, the company solemnly declared that the contract, agreement and other improper marketing activities of Fuqiao franchise chain signed by the legal representative of the company had nothing to do with Chongqing Fuqiao and Fuqiao (Chongqing) Holding Co., Ltd.

　　In April last year, the company announced again that it was about to launch a nationwide campaign to clean up counterfeit "Fuqiao" brands, and stopped the management function and authority of the original management company Chongqing Wuhuan Fuqiao Health Service Co., Ltd. for all Chongqing Fuqiao franchise stores. In November last year, the company stated in its "Important Statement" that it was illegal to authorize a number of shops in the market that were fake Chongqing Fuqiao. After investigation by the company, it was found that all the fake authorized Fuqiao stores were authorized by the former executives of Chongqing Wuhuan Fuqiao Health Care Co., Ltd. together with the legal representative of Chongqing Jiagui Fuqiao Foot Bath Co., Ltd. to deceive franchisees, which were illegal.

　　Case:

　　A court ruled that "franchise stores" were not infringing.

　　According to public media reports, Fuqiao Foot Bath was originally built by four brothers of Guo family from scratch, and then divided into Chongqing Fuqiao Health Service Co., Ltd., "Jiafuqiao", "Guo Fuqiao" and "Jiaguifuqiao". According to the judgment published by China Judgment Document Network, some foot bath shops use the trademark of "Fuqiao" when they join "Jiafufuqiao" or "Jiaguifuqiao", but some courts have ruled that "franchisees" have infringed on the economic losses and rights protection expenses of Fuqiao (Chongqing) Holdings Co., Ltd., and some courts have ruled that "franchisees" do not infringe and are not liable for compensation.

　　In December last year, the Intermediate People’s Court of Zhangjiakou City, Hebei Province ruled that a local Xuanhua Fuqiao Foot Health Care Center, which joined Jiafufuqiao, immediately stopped the infringement and compensated Fuqiao (Chongqing) Holding Co., Ltd. for economic losses, notary fees, attorney fees and other 15,000 yuan. In January this year, the Tianjin Higher People’s Court held that the trademark "Fuqiao" used by the local Jindao Foot Bath Company was the Franchise franchise chain Contract (Dispatch Management) signed with "Jiagui Fuqiao" and the Power of Attorney issued by Jiagui Fuqiao Company to franchisees, etc. Jindao Foot Bath Company had fulfilled its duty of reasonable care and paid a reasonable consideration for the trademark involved, so it was not subjectively wrong and did not constitute a trademark.

　　(Chengdu Business Daily-Red Star journalist Yao Yongzhong According to the video screenshot of Neijiang TV China trial open network)