Global law firm Baker McKenzie and Chinese law firm FenXun, through the joint operation platform Baker McKenzie FenXun, have helped secure a landmark win for Rockit Global Limited (“Rockit”) in a trade dress infringement case in China.
The case involved a dispute with a local company that was found to sell its apple products in a local fruit market using tube packaging and marks similar to Rockit's.
The Zhejiang High People's Court ("Court") 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, thereby infringing upon Rockit's trade dress and trademark rights.
Rockit's packaging design is characterized by a transparent cylindrical tube container that is precisely sized to fit their snack-sized apples. It features an elaborate combination of a red apple graphic, a rocket-shaped or leaf-like pattern, and distinctive design elements, all of which contribute to its unique and recognizable appearance,
The Court's ruling has affirmed that Rockit's distinctive tube packaging has attained widespread recognition among Chinese consumers and has established a stable connection with the Rockit brand, thanks to extensive promotion and sales. As a result, it is protectable under the PRC Anti-Unfair Competition Law. Additionally, the Court noted that despite updates to Rockit's tube packaging, it has preserved a high degree of consistency, with no substantial alterations to the tube’s shape, overall design, pattern style, or color layout. As a result, the strong association between the tube packaging and the Rockit brand remains unaffected.
This landmark decision is a major milestone for Rockit, as it sets a strong precedent for the legal protection over its unique packaging design.
Meanwhile, this win adds to the growing list of victories that Baker McKenzie FenXun has secured for its clients in IP rights protection.
The team was led by Baker McKenzie's IP Partner, Andrew Sim, and included core team members: Partner Zheng Zhou and Associate Jacqueline Wang of FenXun Partners.
Commenting on the matter, Andrew Sim, said: "We couldn’t be more pleased to have supported Rockit in securing this landmark win in a case of great significance for the food industry, utilizing our extensive experience in assisting companies to safeguard their IP rights."
Tom Lane, Rockit General Manager Commercial and General Counsel, says the snack sized apple brand is pleased with the result. "Unlike any other apple, Rockit™ apples are produced, distributed and marketed as a unique branded offering. With an ambition to become the world's favourite healthy snack, we drive innovation and fresh ideas across every part of our value chain. We are determined to protect our unique brand, and this decision provides valuable recognition of our IP rights as we work to address infringement activities around the world."
The case involved a dispute with a local company that was found to sell its apple products in a local fruit market using tube packaging and marks similar to Rockit's.
The Zhejiang High People's Court ("Court") 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, thereby infringing upon Rockit's trade dress and trademark rights.
Rockit's packaging design is characterized by a transparent cylindrical tube container that is precisely sized to fit their snack-sized apples. It features an elaborate combination of a red apple graphic, a rocket-shaped or leaf-like pattern, and distinctive design elements, all of which contribute to its unique and recognizable appearance,
The Court's ruling has affirmed that Rockit's distinctive tube packaging has attained widespread recognition among Chinese consumers and has established a stable connection with the Rockit brand, thanks to extensive promotion and sales. As a result, it is protectable under the PRC Anti-Unfair Competition Law. Additionally, the Court noted that despite updates to Rockit's tube packaging, it has preserved a high degree of consistency, with no substantial alterations to the tube’s shape, overall design, pattern style, or color layout. As a result, the strong association between the tube packaging and the Rockit brand remains unaffected.
This landmark decision is a major milestone for Rockit, as it sets a strong precedent for the legal protection over its unique packaging design.
Meanwhile, this win adds to the growing list of victories that Baker McKenzie FenXun has secured for its clients in IP rights protection.
The team was led by Baker McKenzie's IP Partner, Andrew Sim, and included core team members: Partner Zheng Zhou and Associate Jacqueline Wang of FenXun Partners.
Commenting on the matter, Andrew Sim, said: "We couldn’t be more pleased to have supported Rockit in securing this landmark win in a case of great significance for the food industry, utilizing our extensive experience in assisting companies to safeguard their IP rights."
Tom Lane, Rockit General Manager Commercial and General Counsel, says the snack sized apple brand is pleased with the result. "Unlike any other apple, Rockit™ apples are produced, distributed and marketed as a unique branded offering. With an ambition to become the world's favourite healthy snack, we drive innovation and fresh ideas across every part of our value chain. We are determined to protect our unique brand, and this decision provides valuable recognition of our IP rights as we work to address infringement activities around the world."
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