Consequently, from 1998 onwards, the two companies, GPH and JDB, were producing the same product using the same trademark, WANG LAO JI, but were selling the tea in very different containers: the green container and the red can. Wang Lao Ji is a Chinese herbal tea drink, its brand is owned by Guangzhou Wanglaoji Pharmaceutical Co., Ltd. The brand was leased to Jia Duo Bao Beverage Co., Ltd. in 1997. The lease would expire in Dec 31 2011. Jia Duo Bao Beverage managed the operation of Wang Lao Ji, after 2002, its successful marketing strategy made Wang Lao Ji the top beverage brand in China. In 2011, the total revenue of Wang Lao Ji hit 16 billion yuan (USD 2.62 billion). The brand value of Wang Lao Ji was worth 108 billion yuan (USD 17.69 billion). Several days after the arbitration, Guangzhou Pharmaceutical started to produce their own red can Wanglaoji beverage. [7]

The battle between Wang Lao Ji Jia Duo Bao vividly demonstrated how the brothers turned against each other. It is worth noting that in other jurisdictions, such as the European Union, there is no equivalent to Article 48. Trademark law only contains one article to define what is a trademark, and another article states what rights are conferred on the owner of a registered trademark. In 2013, the lawsuit between Jia Duo Bao Beverage and Guangzhou Wanglaoji Pharmaceutical continued. A ban forbade Jia Duo Bao to use any advertisement that involved “Wang Lao Ji changed its brand name to Jia Duo Bao” or one that had the same meaning. Later, Jia Duo Bao posted on Weibo crying about their incompetence of winning the lawsuit which gained public compassion. Their apologize phraseology on Weibo became a meme in 2013, many brands imitated Jia Duo Bao’s marketing strategy. In December, by Guangzhou Intermediate People’s Court first instance verdict, Jia Duo Bao Beverage lost the case and was forced to compensate 10.8 million yuan (USD 1.77 million). Jia Duo Bao Beverage would appeal to a higher court. No.2 Wahaha VS Qiulin In May 2012, GPH licensed the WANG LAO JI mark to its subsidiary Guangdong Wanglaoji Grand Health Co, Ltd, which started using the trademark with the red can.In the second half of the year, the battle between Nongfu and Yibao seemed to lead nowhere. But following the battle, a piece of news reported that Nongfu Spring was going to sue the Beijing Times for their false reports, claiming for 200 million yuan (USD 32.8 million) compensation. N0.4 China Mobile VS China Unicom VS China Telecom With the gradual development of the herbal tea industry, Hongdao Group has set up multiple production bases across the country in line with the national marketing strategy. the new individuals reproduced share identical features and characteristics with the licensed variety. (4) Litigation relating to joint investment and trademark licensing can be complex and costly, particularly if the parties' agreement did not foresee and carefully describe what would happen upon the termination of their relationship. Two famous cases concerning soft drinks in China provide an interesting illustration: Beginning in 2009, there were different voices within the two major groups regarding the use of the Wanglaoji trademark.

After all, such a product with the concept of TCM health preservation can completely defeat the so-called carbonated beverages like Coca-Cola. Both the Beijing High Court (on 25 November 2019) and the SPC on appeal (on 21 December 2020) rejected Red Bull China's arguments and claims. Wong Lo Kat is the Cantonese version of the drink's name, which is Wanglaoji in Mandarin. Dr. Wong Chat Bong invented it in 1828 in Guangdong province. The recipe afterwards passed down generation to generation. After losing the brand trademark, Jiaduobao completed the brand conversion from Wanglaoji to Jiaduobao.

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MC extract has potent inhibitory effects on fructose-induced protein glycation and oxidation damage in BSA.MC extract with high antiglycation activity may offerremarkable prospe cts for the pre ventive treatment ofAGE-mediated diabetic complications. For these reasons,further studies should focus on the outcome of investiga-ting effects in animal models. The confusion and debate for the unassuming battle of Chinese herbal tea domination in the beverage industry is predicated on the trademark legal case between the two seemingly same but different companies. To help clarify the situation of China’s beloved herbal tea beverage, let’s dig deeper into the history and current situation of the two brands. On 15 July 2021, the Supreme People's Court (SPC) issued its 28th batch of guiding cases. All six cases concern intellectual property.

In WEIBOND Technology Ltd v Li Jianyi (Case 158), the plaintiff sued its former employee and another defendant over the ownership of an invention, which was initially filed by the former employee and later transferred to the co-defendant. At issue was whether the patent in question constituted a service invention accomplished by the employee in the course of fulfilling his job responsibilities assigned by the plaintiff. Courts from the first instance to retrial unanimously ruled in favour of the plaintiff.

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The plaintiff sued the defendants for patent infringement, requesting cessation and indemnification of damages and reasonable costs totalling 5 million yuan. Both the first-instance court and the second-instance court (the SPC) ruled in favour of the plaintiff. In the Wang Lao Ji case, the SPC stated that the goodwill attached to the trademark, which may have considerably increased through the implementation of the licence agreement, could not be separated from the ownership of the trademark. However, the Court also ruled that since the container developed by the licensee had become a source identifier, both the licensor and the licensee should be allowed to use it. After sour drinks, its market share is also firmly occupying the third position in the beverage industry. At the same time, Hongdao Group not only invests hundreds of millions of yuan each year to strengthen advertising, so that the brand’s slogans are echoed across the country. The message to practitioners is ultimately the same as for the Red Bull case: carefully draft contract clauses to avoid litigation.

There are already many herbal tea categories on the market, and the herbal tea categories are basically similar in taste and consistent in efficacy.

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Only nature and expertly made flavours can elevate your drinking experience with their timeless deliciousness. Drink now and allow its golden allure to seduce your senses! The SPC confirmed the licensee's contribution to the goodwill of the licensed trademark, and accordingly granted the licensee certain rights to share the IPRs developed during the trademark licence period.