Battle of the Herbal Teas

September 25, 2019 | BY

Susan Mok

Danlei Wu of Fangda Partners examines the Supreme People's Court decisions in the long-running Wanglaoji trademark litigation, and finds the court taking a pragmatic approach to the high-profile cases

 

The Supreme People's Court (SPC) recently issued decisions in cases involving trademark infringement and unfair competition disputes between Guangzhou Pharmaceutical Co. (GZ Pharma), the owner of the Wanglaoji (王老吉) trademark, and Guangdong Jiaduobao Beverage and Food Co. Ltd. (JDB), the company that made Wanglaoji a household name in China. These decisions are a culmination of the decade-long legal battle between two companies behind one of the most well-known soft drink brands in China. While regular consumers are fascinated by the twists and turns in this long-running saga, the lawsuits also raise an important legal question concerning the boundary of trademark rights, an area in which the SPC decisions will bring welcome clarity and guidance.

 

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