Zhongshan Jiabaole’s Dual Infringement on Trademark and Trade Dress (May 2026)

Released in late May 2026, this administrative penalty case targets Zhongshan Jiabaole Company, which was found to have committed trademark infringement and unfair competition simultaneously . Longshan Jinwei Company owns multiple valid registered trademarks containing the word “Jinwei” for rice wine and beverage products, and its box packaging has formed distinctive and influential trade dress after years of market promotion. Jiabaole Company produced two specifications of “Jinwei Rice Wine Juice”, prominently using the “Jinwei” trademark without authorization. Meanwhile, the outer cartons adopted almost the same color layout, font and pattern as the plaintiff’s products, leading to consumer confusion.

After receiving brand owner’s administrative complaint, local market supervision authorities conducted a thorough investigation, calculated illegal gains of 11,264.25 RMB and verified large quantities of infringing finished products and packages. The bureau ruled that unauthorized use of others’ registered trademarks on identical goods constitutes trademark infringement. Copying the trade dress of influential commodities constitutes unfair competition in accordance with the Anti-Unfair Competition Law. In addition, the product labels violated food safety regulations. Finally, the authority confiscated all illegal gains, ordered the destruction of infringing products and imposed a total fine of over 202,000 RMB. This typical dual-infringement case shows that one act may violate multiple laws and result in combined penalties. Food and beverage producers must respect both trademark rights and existing trade dress of competitors. Administrative organs will conduct comprehensive inspections when handling brand complaints, investigating all related illegal acts found on-site instead of dealing with a single violation.