Thirteen years ago, the Ronghua moon cake case|retrial verdict

In August 2024, the Supreme People's Court rendered the (2021) Zui Gao Fa Min Zai No. 265 Judgment, upholding the Guangdong High Court's (2013) Yue Gao Fa Min San Zhong Zi No. 488 Judgment Nos. 1, 2, 3, 4 and 6; The fifth item of change is: Su Guorong and Sushi Ronghua Food Co., Ltd. of Shunde District, Foshan City shall immediately stop using Ronghua Bakery ...... on the mooncake products they produce and sell without authorization Unique names of well-known commodities; Huang Weide immediately stopped selling and used Ronghua Bakery without authorization...... Mooncake products with unique names for well-known products.

The Supreme People's Court held that the use of a sign similar to the registered trademark of another person as a distinctive part of the decoration of the goods has the function of indicating the source of the goods, and improperly exploits the distinctive features of the registered trademark of another person, which is easy to ...... misleading the public, infringing on the exclusive right to use a registered trademark of another person;

Although the prior trademark owner's lawful and fair use of the registered trademark cannot be denied on the basis of the unique name of a well-known commodity obtained later, if the trademark owner splits or changes the elements of the registered trademark, significantly changes the distinctive features of the registered trademark, fails to use the registered trademark normally in accordance with the law, has malicious intent to cling to the goodwill of the well-known commodity operator, and takes the general attention of the relevant public as the standard, the trademark owner's behavior may be determined to be unfair competition if the trademark owner's behavior is sufficient to cause confusion or misidentification among consumers;

The case of first instance case number: (2011) Dongzhong Fa Min San Chu Zi No. 166, so far, the 13-year-long Ronghua mooncake trademark infringement and unfair competition case has come to an end.

PS: There shouldn't be a second retrial

Retrial Judgment No. 265:

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