Beihai Trader’s Penfolds Wine Trade Dress Infringement (April 2026)

In April 2026, Beihai Market Supervision Bureau concluded an unfair competition case arising from imitation of Penfolds wine’s famous trade dress. Penfolds, a world-renowned wine brand, has distinctive packaging features: red circular bottle caps, red plastic sealing parts with white anti-counterfeit labels, and unique italic English font layouts on bottle labels. A local wine retailer sold four types of wine that fully replicated all the above core packaging elements. The brand owner filed an administrative complaint, submitting trademark registration certificates, brand popularity proofs and professional identification reports to prove trade dress influence.

During the investigation, the retailer claimed it purchased goods from regular suppliers and did not intentionally copy famous brands. The law enforcement agency pointed out that Penfolds’ overall packaging has become widely recognized by wine consumers nationwide. The comprehensive imitation of bottle caps, sealing designs, label fonts and color matching is typical conduct of using confusingly similar trade dress to seize market share. Regardless of subjective intent, such acts damage fair market competition order. The bureau ordered the retailer to stop selling infringing wine, remove all imitative packaging and pay an administrative fine. The defendant did not submit statements or appeals within the statutory period and accepted the penalty. This case provides clear guidance for wine distributors: well-known imported wine brands’ trade dress receives strict administrative protection. Distributors have the obligation to check whether goods’ packaging imitates famous brands when purchasing products. Cross-border brand owners can effectively safeguard rights in China via administrative complaint channels against trade dress infringement.