The Supreme People's Court held a public hearing to jointly hear two cases of the appellant Guangdong Jiaduobao Beverage & Food Co., Ltd. (hereinafter referred to as Jiaduobao Company) and the appellees Guangzhou Wanglaoji Dajian Industry Co., Ltd. (hereinafter referred to as Dajian Company) and Guangzhou Pharmaceutical Group Co., Ltd. (hereinafter referred to as Guangzhou Pharmaceutical Group) about unauthorized use of unique packaging and decoration of well-known commodities. This case is called "the first case of packaging and decoration in China". Whose "red pot herbal tea" has once again attracted social attention.
During the Daoguang period of the Qing Dynasty, a boil broke out in Guangzhou. Lao Wang Lao Ji developed a herbal tea, which unexpectedly cured the disease, so he was called "the king of herbal tea".
After 1949, the descendants of the Wangs were divided into two branches. Some people stayed in China, and finally the public-private partnership, Wang Laoji's formula, trademarks, etc. were nationalized, which is now Guangzhou Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Guangzhou Pharmaceutical"); A group of descendants went to Hong Kong and continued to sell herbal tea in Hong Kong, Macao and Southeast Asia.
In the 1990s, Chen Hongdao, a businessman from Dongguan, Guangdong Province, obtained permission from Jianyi Wang, a descendant of Wang Laoji, and Jianyi Wang passed the ancestral formula to Jiaduobao.
From 65438 to 0995, Chen Hongdao set up a factory in Dongguan to produce red cans of Wang Laoji, but it was not long before he found that Wang Laoji's trademark had been registered by Guangzhou Pharmaceutical. Unwilling to give up the huge mainland market, Chen Hongdao immediately found GPHL and the two sides reached a cooperation agreement.
According to the website of the Supreme People's Court, the dispute between Wang Laoji and Jiaduobao over the packaging and decoration of red canned herbal tea was publicly pronounced. The final judgment of the Supreme Court holds that GPHL and Jiaduobao can enjoy the rights and interests of the packaging and decoration of "Red Canned Wang Laoji Herbal Tea" without harming the legitimate interests of others.
The first-instance judgment of the court rejected Jiaduobao's claim against the big health company. At the same time, it is believed that the production and sale of red canned herbal tea marked with "Wang Lao Ji", "Jia Duo Bao" and "Jia Duo Bao" by Jiaduobao Company constitutes an infringement on the unique packaging and decoration rights of well-known goods of GPHL. Jiaduobao should immediately stop the infringement, publish a statement in the relevant media to eliminate the impact, and compensate GPHL for economic losses of 65.438+0.5 billion yuan and reasonable expenses.