The dispute between the two parties lies in "the ownership of the outer packaging and decoration right of red cans", and the focus of the dispute is mainly whether the trademark right and decoration right are separated. The laws cited by both sides are national anti-unfair competition laws, but the starting point is different. Jiaduobao believes that the outer packaging of red cans is designed by Jiaduobao and invested in many years of hard work, which is part of the "well-known trademark". Even though the trademark of "Wang Lao Ji" has been awarded to Guangzhou Pharmaceutical, the outer packaging and trademark can be separated, so it should belong to Jiaduobao, which has made great efforts for it. Guangzhou Pharmaceutical's behavior has damaged the rights and interests of the unique packaging of well-known commodities. However, Guangzhou Pharmaceutical believes that the trademark of Wang Laoji is inseparable from the outer packaging. The trademark of Wang Laoji has been spent on Guangzhou Pharmaceutical, and the packaging also belongs to Guangzhou Pharmaceutical. The so-called well-known goods still refer to "Wang Laoji" instead of the current "Jiaduobao". [1]

jiaduobao believes that the decoration design of red pot herbal tea was initiated by jiaduobao, so the appearance of red pot is a unique logo for jiaduobao brand, and it is also the identity label of jiaduobao herbal tea. In the eyes of many consumers, the unique red pot of jiaduobao represents jiaduobao herbal tea. Feng Zhimin, executive director of the office of the chairman of Jiaduobao Group, said, specifically, we provided 49 pieces of evidence, including three parts. The first part is the certificate of rights, including our design certificate and patent certificate. The second part is the right formed in the decoration process of promoting the use of red can packaging for more than ten years, including our sales certificate, advertising certificate and promotion certificate, and won the honor from the society including functional parts. The third aspect is the loss we suffered as the operator of red pot herbal tea because of the infringement of the other party. We believe that the evidence is very strong enough to prove that the authentic red canned herbal tea (packaging) belongs to Jiaduobao, and we are full of confidence in the verdict.

Guangzhou Pharmaceutical Group believes that Jiaduobao's packaging and marketing of red canned herbal tea, as well as the promotion of the popularity of Wang Laoji herbal tea, are all carried out under the authorization of Guangzhou Pharmaceutical, and Jiaduobao is only the licensee, not the right owner. They also provided corresponding evidence and were full of confidence in winning the case. Ni Yidong, vice chairman of GPHL, said that there are about 21 pieces of evidence provided by GPHL, mainly including the ownership relationship and the physical objects or certificates of infringement, as well as the corresponding original contract evidence. We are sure to win because according to the corresponding cases, judicial agreements, unfair competition law, the concept definition of well-known commodities and the subordinate rights of packaging and decoration, we think GPHL is sure to win.

According to Weibo, the official news of Guangdong Higher People's Court, the court summarized four controversial points in this case: 1. What are the commodities involved and what are the unique packaging and decoration of well-known commodities? 2. Who owns the unique packaging and decoration of the goods involved; 3. Whether the unique packaging and decoration of the goods involved can be separated from the trademark of Wang Laoji or Jiaduobao, and who constitutes infringement; 4. How to calculate the economic loss. The two sides expressed their opinions on the determination of the focus of the dispute. In this regard, Jiaduobao responded that the packaging and decoration of well-known commodities involved in this case is a commercial logo to identify the source of commodities, that is, there is only a question of whether the packaging and decoration can be separated from the source of commodities, and there is no question of whether it can be separated from the trademark. The fundamental reason is that packaging and decoration and trademarks have the function of independent sources of food and other commodities. In view of this debate focus, Guangyao gave different explanations at random. Guangyao believes that the content of commodity packaging and decoration should be fixed, and the characters and color patterns should be solidified. If it is independent, it will not form a solidified packaging and decoration. Therefore, there is bound to be a problem whether packaging and decoration can be separated from trademarks. [4]