White Sugarcane Shabu Shabu’s Misuse of TSC’s Trademark Causes a Heavy Penalty of NT$5 Million Dollars.

　The store “White Sugarcane Shabu Shabu” (Chinese: 白甘蔗養生涮涮屋) misuses Taiwan Sugar Corporation’s trademark, “台糖” on the signboards, advertisements, business cards, menus, and utensils in its nationwide 53 branch stores, which causes consumers’ confusion and misbelief that White Sugarcane Shabu Shabu is affiliated to Taiwan Sugar Corporation (“TSC”), thus violating Subparagraph 1, Paragraph 1, Article 20 of the Taiwan Fair Trade Act and receiving a severe fine penalty of NT$5 million dollars, a record-breaking amount of fine payment for violation of this Article. 

　According to the Fair Trade Commission (FTC), the words, “台糖” is the abbreviated Chinese name and registered mark of TSC and stands for a representative symbol of TSC that represents the source of products or services of TSC according to the definition of a symbol provided by Article 20 of the Fair Trade Act.  After its establishment in 1946, TSC has registered the mark “台糖” and owned the exclusive trademark right for years since 1953.  TSC’s long-term use of its mark “台糖” has made it a well-known trademark, and the TIPO also recognizes the good standing of TSC’s “台糖” mark. 

　White Sugarcane Shabu Shabu, not affiliated to nor authorized by TSC, uses Chinese words and description of “台糖白甘蔗” and “台糖白甘蔗養生涮涮屋” on the signboards, advertisements, business cards, menus, bills, food mats, and dining utensils.  Moreover, the description, “台糖白甘蔗養生涮涮屋”, literally signifies that White Sugarcane Shabu Shabu provides the base soup stewed with TSC’s white sugarcanes.  Also, the words “台糖”, combined ahead of White Sugarcane Shabu Shabu’s Chinese store name, “台糖白甘蔗養生涮涮屋”, has caused to relevant enterprises or consumers with general knowledge and experience the confusion and misbelief that this store is related to TSC.

　Facing the heavy fine penalty imposed by the Fair Trade Commission, White Sugarcane Shabu Shabu emphasized that they have registered its store name with the Ministry of Economic Affairs and owned the exclusive right of using this store name and used it with good intention.  Besides, White Sugarcane Shabu Shabu argued that TSC’s business does not cover the business of shabu shabu; for this reason, White Sugarcane Shabu Shabu files an administrative appeal.  (2008.03)

/CCS