Global IP firm Rouse successfully acted for Diageo in a landmark IP case in China. Diageo accused Blueblood (Shanghai) Wine of adopting similar packaging to its Johnnie Walker Black Label product. Nearly all legal or factual claims by Blueblood were examined and subsequently rejected by the Court, according to Rouse lawyers.
When selling its Polonius whisky, Blueblood used the same square bottle as Johnnie Walker and the three labels in black and gold were attached in the same positions. Blueblood was also accused of selling Polonius whisky online with pictures of Johnnie Walker, confusing customers.
The Rmb1.25 million (US$183,000) in damages awarded to Diageo by the Court in Shanghai exceeded the statutory damages limit by some margin despite the IP rights being unregistered. Rouse lawyers say they believe this decision to be a statement from the Shanghai court system that it is willing to take a robust approach to protect the IP rights of brand owners.
“The judiciary in China has put significant resources behind training initiatives and raising the technical standards of IP judges,” said Luke Minford, head of Rouse’s China practice said. “We are seeing this now reflected in cases like this one for Diageo, with higher levels of damages awarded and a greater appreciation of complex IP issues. This will clearly provide encouragement to IP rights owners in China.”
