"上岛咖啡(UBC)" trademark dispute

The"上岛咖啡"(Up Bridge Coffee) trademark dispute was recently accepted for review at Fengtai District People's Court in Beijing.

As the owner of "上岛" trademark and logo which has been approved and registered by the Trademark Office in May 2002, Shanghai Shangdao Coffee Food Co., Ltd. has signed with Beijing Shangdao Catering Co., Ltd. a trademark licensing agreement and a power of attorney. The latter (the plaintiff) accordingly has the exclusive right to use "上岛" trademark and logo and the substantive right to conduct rights-safeguarding activities in Beijing. Dacheng Road Branch of Beijing Qinquan Catering Co., Ltd. (the defendant), without the authorization of UBC right holders, has been selling Up Bridge Coffee since September 2010 and has been using "上岛" trademark and logo on its containers and products for illegal benefits. During the past year, the plaintiff has taken various measures to prevent the defendant from using "上岛" trademark and logo, but the latter paid no attention. 

The plaintiff held that the defendant has not only damaged its commercial reputation and brands, but also caused serious economic losses to it. The plaintiff thus required the court to order the defendant to stop infringement, pay economic compensation of 300,000 yuan and assume joint and several liability.

A further investigation of the case is now underway.