Case Summary:

Cainiao Network Technology Co., Ltd., an Alibaba subsidiary established in 2013, is the authorized licensee of the "菜鸟" (Cài Niǎo) trademarks. Over time, the plaintiff's "菜鸟" (Cài Niǎo) brand has garnered substantial renown within the logistics sector.

In 2021, the plaintiff identified that the defendant, Guangzhou Cainiao Moving Co., Ltd., was utilizing designations such as "菜鸟合作伙伴" (Cài Niǎo Hé Zuò Huǒ Bàn - Cai Niao Partner) and "菜鸟搬家" (Cài Niǎo Bān Jiā - Cai Niao Moving) for its moving services, despite the considerable recognition associated with the "菜鸟" (Cài Niǎo) trademark. Furthermore, the defendant underwent a corporate name change from "Guangzhou Haoyou Moving Company Ltd." to "Guangzhou Cai Niao Moving Company Ltd." These actions prompted suspicions of both trademark infringement and unfair competition. Subsequently, the plaintiff initiated legal proceedings in the Baiyun District People's Court of Guangzhou. The court ruled in favor of CHISPO’s contentions, compelling the defendant to cease its infringing activities and compensate the plaintiff for economic loss.

Legal Commentary:

The inherent meaning of the term "菜鸟" (Cài Niǎo) translates to "novice." In comparison to other coined terms, its inherent distinctiveness is relatively modest, rendering the determination of infringement challenging.

Nevertheless, the "菜鸟" (Cài Niǎo) trademark, through the plaintiff's utilization, has acquired a heightened degree of recognition within the logistics domain. The plaintiff's intention was not to restrict others from employing the "菜鸟" (Cài Niǎo) mark, but rather to restrict those engaging in malicious infringement. While the defendant's engagement in the moving services sector differs from the conventional express delivery industry that the plaintiff is engaged in, it still operates within the sphere of logistics services. As an operator within the same industry, the defendant is expected to possess awareness of the "菜鸟" (Cài Niǎo) trademark. Particularly noteworthy is the fact that multiple "菜鸟" (Cài Niǎo) stations are situated in close proximity to the defendant's place of business. In light of this, the utilization of trademarks such as "菜鸟搬家" (Cài Niǎo Bān Jiā - Cai Niao Moving) is indicative of a malicious appropriation of brand reputation. Ultimately, the court ruled in favor of the plaintiff, affirming the defendant's infringement, mandating the termination of the infringement and awarding damages.