LH represented the plaintiff, a leading cognac producer and distributor, and obtained a favorable judgment against infringers in Shandong Province. Although the distinctiveness of a container as a 3D trademark is often considered to be weaker, Jinhua Intermediate Court of Zhejiang Province held that the evidence submitted by the plaintiff could prove that after an extended period of promotion, the plaintiff’s 3D trademark had gained considerable fame in mainland China and should be given a high degree of protection. Therefore, the court ordered the defendants to immediately cease infringements upon the plaintiff’s rights in the 3D trademark and awarded damages in the amount of RMB 1 million.
This case is listed as one of the Top 10 IP Cases of Zhejiang High Court of 2022.