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The "Volcano Pizza" war continues! Domino's accuses Pizza Hut of plagiarism | By Lu Yi, CTS News reporter
News link:https://youtu.be/jyeKblp8YfI?si=5iwBX6fMoR2Zif6a
The "Volcano Pizza War" between Domino's and Pizza Hut continues to rage. In June of this year, Pizza Hut launched its "Volcano Lava Pizza," prompting Domino's to protest, claiming it was the original creator of the volcano concept. Domino's has now issued a statement, confirming that it has commissioned a professional legal team to take legal action. Pizza Hut responded that it has not received any information regarding this and will cooperate if the dispute proceeds, while also actively defending its brand rights.
Attorney Li Yusheng of Fidelity Law Firm stated that, according toCopyright lawTo determine whether Domino's pizzas have been copied, the first step is to examine whether their design can be considered a protected work, meaning whether it reflects the creator's intellectual and creative input. Even if it is considered a work, it's necessary to determine whether Pizza Hut copied the design or independently conceived a similar product. For plagiarism to constitute, both the original product need to be copyrighted and there needs to be imitation; this must be determined by the courts.
Further reading:Fidelity Law Firm - Intellectual Property Planning and Protection
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Frequently Asked Questions
What should I do if I receive a trademark or copyright infringement notice?
You should first preserve the design source, licensing agreement, sales records and communication materials, and not rush to admit infringement or promise compensation.
What can be done if a brand is counterfeited?
The assessment can include warning letters, platform removal, civil damages, criminal lawsuits, and subsequent trademark or copyright arrangements.
What should a company pay attention to when licensing or co-branding?
The rights of the authorizing party, the scope of authorization, the region, the period, the product category, the marketing materials, and the apportionment of liability for infringement should be confirmed.