It's a #trademark
violation not a #copyright
The only way JFC can do something about this is if they can prove:
1. JoyRulBee was established after the first Jollibee store opened in mainland China (Hong Kong & Macau are not included)
2. They can prove JoyRulBee intentionally used JFC's trademark to ride on their brand's recognition power (recognition for whom? Filipinos or mainlanders?) and success
3. JFC registered their trademark in mainland China
1. In trademark (and Copyright for that matter) the first one who used a disputed trademark is automatically given priority.
2. Although the trademark is obviously Jollibee, if JoyRulBee used it first in China before a Jollibee store opened and/or before JFC registered their trademark, JoyRulBee can get away with it unless JFC can prove JoyRulBee used the logo for ill intent, like ride on its recognition power and success. Recognition power is itself tricky, for whom? Mainlanders? How much are they familiar with the logo as Jollibee? I seriously doubt that.
3. Timing is again of essence here.
3.a. If JFC registered their trademark prior to the first store of JoyRulBee, and JFC used their trademark (trademarks must be actively used or it will expire), then they'll win.
3.b. If JFC registered their trademark after JoyRulBee's first store opened (but obviously JoyRulBee didn't register it), JoyRulBee will still get away with it because they were already actively using it prior to JFC's registration.
Here's the thing about trademarks and copyrights, there is NO such thing as "International trademark registration" or "International Copyright registration". There is NO such thing as "International Intellectual Property Rights Law" or "International Copyright Law".
Every trademark and copyright must be registered in each and every country individually. This is why there are expensive services specialising in trademark and copyright registrations over XX number of countries (they provide different packages of countries). Registration is but the first step. In trademark, the categorisation is also important, however in this case, it's obviously the "food, restaurant, fast-food category". Copyright has its own little details too.
NOW, IF JFC is going for "Copyright infringement" and not "trademark violation", then they already know they don't have a case under trademark law of China. Situations like this, trademark owners try to create a case under the Copyright law. This is however not a guarantee because trademark and Copyright are not the same at all.
Yes, an International company and/or Internationally known brand (which JFC has to prove, and I doubt they can qualify), can get special treatment even if they don't have a trademark and/or copyright registration. It happened before, a lot, it still happens today, a lot still. For example, companies and trademarks like "Intel" and "Nintendo", they don't need to register in every country. They always get special treatment because these brands are household names. They can easily claim at leas three-fourths of the world population are familiar with their company and brand.
Unfair? Yes, it is unfair. But that's how it is. They're covered by the law of each country signatory to various agreements, which almost made sure every signatory has similar, if not the same, trademark and copyright laws.
Oh, read about the Gmail trademark/servicemark case. Google was not able to use Gmail anywhere in EU for more than a decade (IIRC) until the trademark owner transferred the rights to Google. Google was even demanded by the EU not to use the gmail.com domain name anywhere in the EU or any user who identifies as an EU citizen because Google doesn't have the trademark for Gmail in EU, someone else have it and they were actively using it.
Call JoyRulBee a copycat or whatever but if they made sure they are not violating any law in mainland China, they'll get away with this. Jollibee Makes A Move Against JoyRulBee Copyright Infringement - MBites by Manila Bulletin
Last Tuesday, Jollibee Food Corp. (JFC) shared that it was taking legal action against a restaurant in Guangxi, China, for alleged copyright infringement. Over the weekend, overseas Filipino worker, Christopher Guzman posted photos and videos of an establishment called JoyRulBee, which had a similar store design and logo as Jollibee. Guzman said on his video, â€¦