It is an infringement for a bakery to sell “BingdunDun” cakes without authorization.Peng Mei News learned on February 15 that market supervision departments in Hangzhou, Ningbo, Huzhou and other places have investigated and dealt with many cases of bakery cake shapes suspected of infringing the design rights of the Beijing Winter Olympics mascot “Bing Dun Dun”.
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On the 12th, the market supervision department of Zhenhai District, Ningbo found a bakery selling “Bingdundun” cakes. After verification, this cake did not obtain the relevant authorization of the Olympic logo, so the store was ordered to take it off the shelves and stop selling it in accordance with the “Olympic Logo Protection Regulations”. The city supervision department stated that merchants who use the Olympic logo for commercial purposes without the permission of the right holder will face a certain amount of administrative punishment.
The market supervision department of Xiangshan County, Ningbo, found that a bakery had a cake in the style of “Bingdundun” on the online takeaway platform. The operator explained that because of the popularity of “Bingdundun”, the cake with this shape was put on the shelves. I don’t know if it was an infringement. The store has also been put on file for investigation and will face administrative penalties.
In early February, a bakery owner in Fuyang District, Hangzhou, posted an advertisement for the cake “Bingdun Dun” on the Moments and received 5 orders. In view of its weak subjective intentions, minor violations, and proactive elimination of illegal consequences, the market supervision department criticized and educated it, and the store has removed the relevant links and refunded them.
A bakery in Deqing County, Huzhou was also investigated by the market supervision department for selling “BingdunDun” cakes on a takeaway platform, and the case is under further investigation.
Peng Mei News noticed that not only the “Bing Dundun” cake, the Zhejiang market supervision department also investigated and punished a variety of “wild Bing Dundun”. On the 14th, the market supervision department in Shangcheng District of Hangzhou received a report that a cafe was making “Bingdundun” Lahua coffee. After inspection, this cafe sells panda lahua coffee with a similar image to “Bingdundun”, and the store has behaviors to induce publicity to customers. The market supervision department issued a rectification notice to the cafe.
During monitoring, the Wenzhou Market Supervision Bureau found that a DIY creative museum had posted online group purchase advertisements with the names and pictures of Olympic mascots such as “Bing Dun Dun” and “Xue Rong Rong”. Law enforcement officers ordered the parties to take down the group buying activity.
The Paper learned from the market supervision department that if the use is only for personal appreciation, such as weaving the pattern on personal items such as scarves and gloves for one’s own use, it does not constitute infringement, but production and sales are “unauthorized reproduction and use of Olympic logos and Olympic-related works”, which violated the Regulations on the Protection of Olympic Symbols.