A court in Beijing has opened a hearing on yet another legal dispute between herbal tea producer Jiaduobao (China) Drink Co Ltd and Guangzhou Pharmaceutical Holdings Ltd (GPH), this one involving claims of design infringement, the Beijing-based Legal Mirror reported Monday [21 December 2015]. GPH is seeking compensation of 300 million yuan ($46.29 million) for what it claims is a lack of substantial difference in the packaging and decoration of Jiaduobao’s products and those of GPH’s own well-known herbal tea Wong Lo Kat. GPH claims that the similarity has misled the public…Full Article: ECNS.cn Dec 2015

Key Points

  • In early December 2015, a Guangdong court ruled that JiaDuoBao had to pay CNY 10 million (~US$1.5 million) to Guangzhou Pharmaceutical Holdings over fake advertisements.
  • After the expiration of JDB’s lease of GPH’s Wong Lo Kat brand in 2010, JDB reportedly bribed GPH staff to illegally extend the lease.
  • Over the past few years, there have been at least 15 GPH-JDB lawsuits that have spanned fake advertisements, trademark infringements, and unfair competition cases.

ChinaAg Comment

  • In March 2013, GPH and JDB reportedly called a truce. Instead, both companies stated they would focus on product development.
  • From 2007 to 2012, JiaDuoBao (JDB) was the best-selling canned drink in China. In 2012, JDB’s share of China’s herbal tea market reached up to 73%.
  • The feud between Guangzhou Pharmaceutical Holdings (GPH) and Hong Kong-based JiaDuoBao (JDB) is primarily over Wong Lo Kat, an herbal drink that Guangzhou Pharmaceutical licensed to JDB in from 1995 to 2010. In 2011, Guangzhou Pharmaceutical won a lawsuit retaining the rights to the trademark, causing JDB to launch a new trademark (JiaDuoBao) to replace Wong Lo Kat.

Similar Posts by ChinaAg

Spread the word. Share this post!