Guangzhou Siweike Biotech’s Cosmetic Trade Dress Confusion (May 2026)

In late May 2026, Guangzhou Baiyun District Administration for Market Regulation issued an administrative penalty against Guangzhou Siweike Biotech Co., Ltd. for unfair competition arising from imitating well-known cosmetic trade dress . The case originated from a public complaint: the defendant entrusted a manufacturing factory to produce “AOCILENDA Teen Acne Control Cream”, whose outer boxes, bottle bodies, pump caps and color schemes were almost identical to “Hi! PaPa Turtle Dad Double Extract Cream”, a popular skincare product owned by Guangzhou Haojifu Technology. The plaintiff’s product had gained nationwide recognition, and its blue-dominated packaging was recognized as distinctive and influential trade dress under China’s Anti-Unfair Competition Law.

Investigation showed that the defendant produced 5,000 pieces of infringing cosmetics and sold most of them via offline distributors and mainstream e-commerce platforms including Pinduoduo and Aikucun. The defendant argued it did not copy any registered trademarks and only referenced common packaging styles. However, regulators ruled that trade dress, including overall color matching, container shape and structural design, is protected independently even without trademark registration. The deliberate replication of all core visual features would definitely confuse consumers about product sources. The authority ordered the company to cease sales immediately, destroy remaining infringing products and pay a fine of 18,000 RMB. This case is a typical reminder for the cosmetics industry: brand protection covers not only word and logo trademarks but also distinctive packaging. Many operators mistakenly believe different trademarks exempt them from liability for similar trade dress, but administrative organs will actively investigate and penalize such free-riding acts upon complaints.