First instance ordered to pay LV millions in damages, Jasmine Naicha's four-leaf flower logo embroiled in infringement dispute

Jasmine Milk Tea is facing trademark litigation pressure from a luxury brand.

Recently, the Suzhou Intermediate People's Court issued a first-instance verdict in the trademark infringement case brought by Louis Vuitton Malletier (referred to as "LV") against Jasmine Milk Tea.

The court determined that Shenzhen Jasmine Milk Tea Catering Management Co., Ltd. and Dongxia Beverage Shop in Wuzhong Economic Development Zone infringed upon the exclusive rights of LV's seven registered four-leaf clover graphic trademarks.

According to the ruling, Jasmine Milk Tea's parent company must pay LV economic damages of 10 million yuan and reasonable legal expenses of 300k yuan within 10 days of the verdict taking effect, totaling 10.3 million yuan. Dongxia Beverage Shop in Wuzhong Economic Development Zone shall bear joint and several liability for compensation within a range of 100k yuan.

LV's core claim is that its registered four-leaf clover graphic trademark was used by Jasmine Milk Tea in commercial operations. The court's first-instance verdict supported LV's related claims, finding that Jasmine Milk Tea infringed upon the exclusive rights of its registered trademark.

From a visual perspective, the disputed graphic features a four-petal symmetrical structure with a central dot or small flower core, and outward-extending arc-shaped elements resembling petals, arranged in a way that bears some similarity to LV's classic Monogram pattern's four-leaf clover symbol.

In response, Jasmine Milk Tea did not accept the first-instance verdict. Zhang Bocheng, founder of Jasmine Milk Tea, told the media that they would appeal. This means the case has not yet been finalized, and further progress awaits the second-instance trial.

However, based on currently available public information and trademark status, Jasmine Milk Tea's efforts to establish rights over its core visual symbol have not been smooth.

A search of the China National Intellectual Property Administration's trademark database reveals that Jasmine Milk Tea's applications for relevant four-leaf clover graphic trademarks are currently in a state of "rejection review" or "invalid."

If the second-instance trial upholds the first-instance ruling, Jasmine Milk Tea may need to fully overhaul the disputed graphics, potentially covering online logos and store signage, packaging, menus, social media materials, and end-displays. This could further impact its brand asset accumulation and affect store opening pace, store image, and franchisee confidence.

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