Distinctive Packaging Design Protected: Rockit Global Triumphs In Chinese Court

Distinctive Packaging Design Protected: Rockit Global Triumphs In Chinese Court

Introduction

Rockit Global Limited, a snack-sized apple brand, has secured a landmark win in a trade dress infringement case in China. The case was handled by global law firm Baker McKenzie and Chinese law firm FenXun, through their joint operation platform Baker McKenzie FenXun.

Factual Background

Rockit Global Limited's distinctive tube packaging design, featuring a transparent cylindrical tube container with a red apple graphic, rocket-shaped or leaf-like pattern, and distinctive design elements, was found to be infringed upon by a local company. The local company was selling its apple products in a local fruit market using tube packaging and marks similar to Rockit's.

Procedural Background

The case was heard by the Zhejiang High People's Court, which recognized the deliberate nature of the infringement and ruled that the defendant acted in bad faith by copying and imitating Rockit's intellectual property rights.

Issues

1. Trade Dress Infringement: Whether the defendant's use of similar packaging and marks constituted trade dress infringement.

2. Bad Faith: Whether the defendant's actions were taken in bad faith, demonstrating a deliberate intent to infringe upon Rockit's intellectual property rights.

Contentions of Parties

Rockit's Contentions: Rockit argued that its distinctive tube packaging had attained widespread recognition among Chinese consumers and had established a stable connection with the Rockit brand. Rockit also contended that the defendant's actions were a clear infringement upon its trade dress and trademark rights.

Defendant's Contentions: The defendant did not appear to contest the allegations of trade dress infringement, and the court's ruling suggests that their actions were taken in bad faith.

Reasoning & Analysis

The court found that Rockit's tube packaging design was unique and recognizable, and that the defendant's use of similar packaging and marks was likely to cause confusion among consumers. The court also noted that Rockit's packaging design had preserved a high degree of consistency over time, with no substantial alterations to the tube's shape, overall design, pattern style, or color layout.

Final Outcome

The Zhejiang High People's Court ruled in favor of Rockit Global Limited, finding that the defendant's actions constituted trade dress infringement and that the defendant's actions were taken in bad faith. The court's decision sets a strong precedent for the legal protection of Rockit's unique packaging design.

Implications

This case depicts the importance of protecting intellectual property rights, particularly trade dress and trademark rights, in China. The decision demonstrates that courts in China are willing to recognize and protect distinctive packaging designs that have attained widespread recognition among consumers.

In this case the plaintiff was represented by a team of Baker McKenzie’s IP partner Andrew Sim, and included core team members partner Zheng Zhou and associate Jacqueline Wang of FenXun Partners.