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JDB LOSE THE RED TANK BATTLE

Guangdong Higher People's Court delivered the verdict of JDB V. Wanglaoji on the Red Tank Battle on December 19th 2014, ruling that the red tank packaging of JDB constituted infringement to Wanglaoji’s, Wanglaoji can use the Red Tank exclusively afterwards.

The Court believed that the specified packaging decoration of "Wanglaoji herbal tea" refers to the mark on the red tank of "Wanglaoji herbal tea," including three vertical yellow font "王老吉", red background colour, and other colours, pictures as well as their permutations and combinations. Before the trademark "Wanglaoji" was licensed to JDB, it has been the honoured brand in China and well-known in Guangdong Province, enjoying a high reputation among public. Therefore, trademark "Wanglaoji" is inseparable from the other elements on the red tank packaging decoration.

The Court ordered JBD to immediately stop selling and begin to destroy the red tank-related products, pay compensation of 150 million yuan for Wanglaoji's economic loss and 265.210 yuan for reasonable maintenance fee within seven days since the date of judgment coming into effect, and consecutively to publish apologizing statement on the designated media for seven days in bid to eliminate related impacts. It is considered as the largest amount of compensation in the aspect of JDB during the disputes between JBD and Wanglaoji since 2012.

 

The gLAWcal Team

LIBEAC project

Friday, 26 December2014

(Source: China Daily)