When choosing mooncakes, what attracts you is the unique flavor or exquisite packaging? When the dazzling array of gift boxes is overwhelming, behind some "familiar" designs, there may be hidden intellectual property disputes.
Recently, the Guangzhou Intellectual Property Court made a second instance judgment on a case involving unfair competition in mooncake packaging.
In the case, Guangzhou Restaurant Group Co., Ltd. sued a food factory and its two contract factories in Foshan, accusing them of producing mooncake packaging with the "Master Seven Stars Accompanying the Moon" logo, which is highly similar to the classic decoration of "Seven Stars Accompanying the Moon" that Guangzhou Restaurant has been promoting since 2009.
The court determined that the packaging of Guangzhou Restaurant belonged to "product decoration with certain influence", and the defendant's behavior constituted unfair competition. The court ruled that the defendant should compensate for economic losses and reasonable expenses totaling 500000 yuan, and the two contract factories should bear joint and several liability within the range of 150000 yuan.


Time honored brand rights protection: from "Seven Stars Accompanying the Moon" to meeting in court
Guangzhou Restaurant, founded in 1935, is a well-known Chinese time-honored brand. Since its launch, its "Seven Stars Accompanying the Moon" mooncake gift box has become a popular product in the Mid Autumn Festival consumer market due to its unique symbolism and excellent quality. In August 2022, Guangzhou restaurants discovered that the "Master Seven Stars Accompanying the Moon" gift box circulating in the market was highly similar to their own products in terms of overall composition, color matching, and layout. They filed a lawsuit on suspicion of unfair competition.
The defendant argued that:
1. The elements such as red background and full moon used in the two packaging belong to the public domain and should not be monopolized; The flower patterns are "Magnolia", the city flower of Foshan, and "Kapok", the city flower of Guangzhou,
2. The trademark of the disputed product is not the same as the trademark of the plaintiff's company's product, so it does not constitute infringement.
Judicial determination: How to determine the similarity of decoration?
The first instance court believes that the core dispute in this case lies in whether the two packaging items constitute a legal "similarity".
The packaging of "Seven Stars Accompanying the Moon" in Guangzhou restaurants has established a stable connection with the products through long-term use and extensive promotion, and should be protected by the Anti Unfair Competition Law. Although there are differences in some details of the accused decoration, the overall visual effect is highly similar, which can easily cause confusion for consumers.
After the first instance judgment that the defendant should compensate 150000 yuan, both parties appealed.
The Guangzhou Intellectual Property Court upheld the original judgment's determination of unfair competition in the second instance and increased the compensation amount to 500000 yuan based on new evidence submitted by Guangzhou Restaurant in the second instance.
The presiding judge of the second instance of the case, Peng Ang, pointed out that when judging whether the decoration is similar, the principle of trademark similarity should be referred to, and the popularity of the decoration should be comprehensively considered. Although the flower patterns in the two packaging are different, the overall color scheme, structural layout, and visual impression are highly similar. Despite the high popularity of the rights decoration, the relevant public is still prone to confusion.
Behind the Judgment: The Signal Significance of Intellectual Property Protection
The verdict of this case was struck before the peak season for mooncake sales during the Mid Autumn Festival. It not only safeguards the brand interests of the rights holders, but also sends a clear signal to regulate the market order during the festival, which helps to purify the industry's intellectual property environment and promote the healthy development of the market.