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In the dispute between the true and the false Master Bao, the franchisee who entered last is the “wounded”.

With the end of 2019, the two infringing trademarks of Master Yizhai Bao’s parent company, Beijing Yishang Co., Ltd., which are mainly used for investment promotion, have been ruled invalid by the court. Sharply reduced to less than 30, Master Zhenbao’s road to defending rights came to an end.

In this multi-year dispute between true and fake Master Bao, Master True Bao continued to flourish, and Master Bao’s parent company went bankrupt and went bankrupt. Early franchisees also made a lot of money. This batch of franchisees were stuck in a dilemma.

Mr. Guo is the one who is stuck. In early 2019, after two months of market research and unannounced visits, he signed a contract with Beijing Yishang’s general agent in Shenzhen. In March, Mr. Guo opened a master chef store in Shenzhen Shajing.

Master’s Logo and Signboard. Source: Mr. Guo

During the market survey, Mr. Guo found that Master Bao, who is operated by Yishang, is a cottage, but because only Yishang accepted the franchise and saw the beautiful flow list of franchisees in the past, Mr. Guo was still tempted Already.

“Those 19 years ago, the stores between 400,000 and 500,000 had a copy of the money in three months. After returning the book, the latter is purely profitable. If you take a step back 10,000, if it is true Something will happen in the future. Depending on the speed of returning to their books, the profit is indeed okay now. I think it should be able to keep the money for about half a year. Even if there is any problem, at least once opened such a shop, we know its process, product standards, What products are very clear. After having a baking technology, even if I make my own shop later, “Mr. Guo re-examined the psychological process of betting on interface news.

But things did not go in the direction Mr. Guo imagined. Master Bao’s parent company, Beijing Baocaisheng Catering Management Co., Ltd. (hereinafter “Bao Caisheng Company”) holds the true “Master Bao” It is determined to carry out rights protection to the end, and has set up a special anti-counterfeit rights protection team to focus on removing infringing copycat brands from the market.

In March 2019, Master Bao cooperated with the Volkswagen Meituan platform to remove and clear the data of Master Bao’s store in Shanzhai. This move came to Master Bao’s storesIt is simply a disaster. Mr. Guo told Interface News that since April 2019, the performance of Yishang’s 28 copycat master shops in Shenzhen has fallen by at least 40%.

The reason why the clean-up of the network platform can have a significant impact on Master “Bottling” Bao is because Master Zhenbao did not carry out take-out business, and Yishang Company seized this opportunity, except Outside a large number of stores nearby, it is also vigorously developing online business. Many consumers who do n’t know the truth or are too lazy to go to the long line of Master Bao ’s store will place an order online.

Master Shan’s online promotion. Source: Mr. Guo

After the online business was hit, due to the initial investment of RMB 5600,000, Mr. Guo could only continue to run his own Baoshou store, but he did not expect another big blow after 5 months. Advent.

In August 2019, Bao Caisheng’s acting law firm sent the lawyer’s letter to 28 master chef Baoshan stores in Shenzhen. The franchisees who chose to face off against Bao Caisheng’s court have lost lawsuits and were sentenced to pay 90,000 yuan. Those who chose to settle privately also had to pay 50,000 yuan. Soon, these cottage stores either closed or closed down, or changed their signboards and operated on their own.

This is a microcosm of the real victory of Master Bao in defending false rights. As of December 2019, Bao Caisheng had 162 evidence preservation stores in Beijing Yishang, with 147 cases on file, involving Beijing, Nanjing, Suzhou, Yangzhou, Nantong, Xi’an and other cities. At present, 61 cases have been judged and closed. Bao Caisheng has won all the cases, and the defendant has stopped the infringement and compensated for the losses.

For Mr. Guo and other franchisees, they recognize the shop’s loss, blaming their poor management and inadequate risk assessment. But for a series of operations of Beijing Yishang Company, they were full of grievances.

When Bao Caisheng started to sue franchise infringement, Beijing Yishang Company and Shenzhen general agent quickly cancelled their company and filed for bankruptcy.

“At this time, the general agent didn’t say that everyone came to discuss how to deal with it, but immediately wrote off her catering company, filed for bankruptcy, and avoided responsibility. She received almost 3 million initial fee, we As soon as she asked her, she said you have something to tell my lawyer. “Mr. Guo was helpless.

Finally, due to the pressure of franchisees, the Shenzhen general agent provided a solution to help each franchisee pay 13,000 yuan. The response of the franchisees was not consistent. Some people accepted the plan and signed the contract, while others couldn’t. accept.

“Why do some people sign? When the online hasn’t been attacked in 2019, the group may have paid back. But after 2019, more than a dozen have been opened one after another, so I said more The big emotional dissatisfaction may be someone who hasn’t even returned, I am one of them. “Mr. Guo said.

According to Mr. Guo’s understanding, before 2019, Yishang Company kept silent on intellectual property disputes when signing contracts with franchisees, but since 2019, it has silently added Terms related to disputes. But it has never stopped signing a franchise. Even in July 2019, the Shenzhen general agent still signed a new franchisee.

Interface News previously reported that, in fact, on October 8, 2018, the Trademark Review and Adjudication Board of the State Intellectual Property Office issued a ruling. Beijing Yishang Catering Management Co., Ltd. The trademark was ruled invalid because of the same or similar product sales channels, sales venues, and consumer objects as the two types of “Master Bao” trademarks registered with Beijing Baocaisheng Food & Beverage Management Co., Ltd., which are strongly related and constitute an approximation. Trademarks can easily confuse and misidentify the source of the goods.

Besides the “Master Bao” and “Bao Caisheng” trademarks, Beijing Yishang also filed a large-scale malicious application to the Trademark Office for registration of “Golden Arch”, “Original Mai Fengqiu”, “Yancha”, and “dirty dirty bags” “,” Huajian Hujian Fang Chef “,” Li Jixian Bean Cake “,” Shaxian Light Food “,” Yue La Yue Yue Lu “and other well-known catering company trademarks.

Looking back now, Mr. Guo feels that Yishang’s company “has been pitted from beginning to end.”

If you want to be a regional agent of Yishang, the threshold is not high. According to Mr. Guo, you only need to pay about 2 million to Yishang to get the agency right in a city. After that, the agent can Make your own franchise fee.The initial fee from the Shenzhen general agent to the franchisees below was about 80,000 yuan at first, and soared to 128,000 yuan in the later period.

However, the general agent who received the franchise fee became a shopkeeper after signing the contract. Only the relevant information about the opening of the store was sent to the franchisee from the Internet. Since then, the business matters have basically been stopped No reasonable management training.

“The deposit has been settled, the transfer fee has been given, and a series of things that have been nailed down on the schedule. At this time, even if the service is not good, or what is said, they just use words. Come on, you have to worry about it yourself, “said Mr. Guo.

Master Bao’s Yishang Company had 4,500 franchise stores across the country before Bao Caisheng’s heavy-handed fight for rights, and most of the cottage stores before 2019 had good performance and made a lot of money. According to Mr. Guo, in the whole incident, only the franchisee who entered the market last time was harvested as leeks.

Mr. Guo finally said to Interface News, “There is a bit of luck. I actually know it, but I really didn’t expect it to be so unlucky. If I look at it from the perspective of the public, I think there is nothing in the sky. For the pie, the chain originally has a little bit of that meaning, and then it feels deserved. In fact, we all recognize it. I just think this kind of thing, I hope that after seeing it, you don’t take our way. ”

(At the request of the interviewee, Mr. Guo is a pseudonym.)

This article comes from WeChat public account: interface news (ID: wowjiemian) , author: Lu Yibei