Introduction:During the Beijing Winter Olympics, the mascot Bing Dwen Dwen became an overnight sensation, even sparking a trend in latte art creations. Many coffee enthusiasts attempted to depict the Bing Dwen Dwen image on their lattes, and some cafes even launched themed drinks to attract customers. However, both Bing Dwen Dwen and Shuey Rhon Rhon are registered trademarks of the Beijing Organising Committee for the Olympic Games, and commercial use may constitute infringement. This article delves into the details: is it legal for individuals to make Bing Dwen Dwen latte art? What are the legal risks for cafes selling related products? Helping readers understand the key boundaries.
After the grand opening of the Beijing Winter Olympics, the mascot Bing Dwen Dwen quickly rose to become one of the most sought-after merchandise items, even leading to a craze where “it was hard to get even one.” This adorable panda with a crystal sugar gourd design captured the public’s attention with its cute appearance and high recognizability, instantly turning what was once a niche souvenir into a nationwide sensation.
As early as September 2019, Bing Dwen Dwen made its debut in the form of a “crystal sugar gourd astronaut panda,” and the official sales channels had been selling this product for a long time. Perhaps because supply was stable in the past, consumers weren’t in a rush to collect it—until it became scarce, at which point its charm became undeniable. Many who already owned a Bing Dwen Dwen began sharing photos of their prized possessions, and some even rediscovered their “dirty Dwen Dwen” that had been tucked away in a corner, exposed to sun and rain, and started cherishing them anew. Meanwhile, those who couldn’t get one began getting creative, making their own versions of Bing Dwen Dwen in various ways, giving rise to a trend of “everything can be Bing Dwen Dwen.”
These creations include crocheted wool crafts, clay sculptures, dessert designs, and even extend into the realm of coffee art. The internet has seen many creative works featuring the Bing Dwen Dwen image on lattes or cappuccinos, whether in flat drawings or three-dimensional presentations, all sparking widespread discussion and imitation. However, it’s worth noting that no matter how creative they are, Bing Dwen Dwen and Shuey Rhon Rhon are officially registered trademarks by the Beijing Organising Committee for the Olympic Games and the Paralympic Games, and any commercial use may be against the law.
So, if a barista makes a Bing Dwen Dwen latte art at home or in-store for non-commercial purposes out of personal interest, does it constitute infringement? Generally speaking, if it’s for personal enjoyment, without commercial promotion or profit—such as simply taking a photo to share on social media without indicating it’s for sale—it usually doesn’t violate copyright law. But once the image is used to attract customers or boost revenue—even if just drawn upon a customer’s request—it may be considered commercial use, thereby incurring legal risks.
In fact, several cafes have already drawn attention for offering Bing Dwen Dwen-themed lattes. According to netizen reports, some cafes drew the Bing Dwen Dwen latte art only upon request after a customer ordered a milk coffee, while others proactively filmed or photographed their Bing Dwen Dwen latte art as promotional material to attract “Dwen fans” to visit and make purchases. While such actions may generate short-term popularity, they may constitute trademark and copyright infringement if official authorization hasn’t been obtained.
Regarding whether cafes selling lattes with Bing Dwen Dwen latte art are breaking the law, online discussions have been heated. Summarizing various viewpoints, the crux lies in “whether the image is used for profit.” If it’s solely at the spontaneous request of a customer, and the cafe doesn’t specially promote it or use it as a selling point, the risk is relatively low; but if the cafe actively markets it, films promotional material, or even lists it as a featured product, it may cross legal boundaries.
In summary, while Bing Dwen Dwen latte art can add buzz to a cafe, from a legal standpoint, the boundary between personal creation and commercial use must be clearly defined. It is advised that baristas and cafe owners fully understand the relevant regulations when creating and operating, to avoid getting involved in unnecessary infringement disputes due to temporary trends. While maintaining creativity, it’s also essential to uphold legal boundaries, so that coffee art and business development can coexist harmoniously.
The above content is compiled by CoffeeHunters, a coffee news website.
