Local well-known hotel found to commit infringement
E170203Y2 | Mar. 2017（E208）
Chanyee Hotelday Co., Ltd. (Chinese: 承億文旅股份有限公司; hereinafter “Chanyee Hotelday”) runs a well-known hotel, Hotel Day Plus Teascape (Chinese: 桃城茶樣子) in Chiayi and sells the tea-leaf sets and grass/tea bath bags under a three-Chinese characters product name, “茶樣子”. By so doing, the chairman of Chanyee Hotelday, DAI Jun-Lang (Chinese: 戴俊郎; “Dai”) was sued over Trademark Act violation by the trademark proprietor, LIN Huan-Yu (Chinese: 林桓渝; hereinafter the “proprietor Lin”), who has successfully registered the three-Chinese characters mark 茶樣子 with Taiwan IPO since 2005 for use on tea-leaf products and tea-leaf wholesaling and retailing services (hereinafter the “subject mark”). Chiayi District Court found Dai not guilty in the first instance proceedings, but the IP Court reversed the decision in the second instance proceedings by sustaining the alleged infringement by Chanyee Hotelday and thus sentenced Dai to 50-day detention which may be commuted to a fine payment of TWD50,000. The IP Court judgment has become final and this case is not appealable. In the civil aspects of this case, the IP Court pointed out in the judgment that Dai and Chanyee Hotelday should severally and jointly pay TWD189,800 to proprietor Lin in damages.
As to proprietor Lin’s claim for enjoining Chanyee Hotelday from using the subject mark in hotel or restaurant services, the IP Court determined that Chanyee Hotelday’s use the device of “桃城茶樣子” is earlier than proprietor Lin’s registration of the subject mark in the category of restaurant services, and therefore, Chanyee Hotelday’s use is a bona fide one, not for improper competition. That is to say, the IP Court found Dai not guilty in this aspect. (February 2017)