Global law firm Baker McKenzie and its joint operation platform with Chinese law firm FenXun, known as Baker McKenzie FenXun, have secured a significant legal victory for Rockit Global Limited ("Rockit") in a trade dress infringement case in China.
The case concerned a local company accused of selling apples in packaging closely resembling Rockit's signature tube design. The Zhejiang High People's Court ruled in Rockit's favor, finding the defendant had acted in bad faith by copying and imitating Rockit's packaging and trademarks. The Court determined this conduct violated Rockit's trade dress and trademark rights.
© rockit
Rockit's packaging is known for its transparent cylindrical tube, tailored to hold the company's snack-sized apples. The design includes a red apple graphic, a rocket or leaf motif, and other distinctive visual elements. According to the Court, the packaging has become widely recognized by Chinese consumers and strongly associated with the Rockit brand. The ruling affirms its protectability under China's Anti-Unfair Competition Law. The Court further noted that while the packaging has undergone updates, the overall design has remained consistent, maintaining the visual identity linked to the Rockit brand.
This ruling marks an important precedent in the protection of trade dress and intellectual property in China's food industry. The Baker McKenzie FenXun team was led by IP Partner Andrew Sim, with support from Partner Zheng Zhou and Associate Jacqueline Wang of FenXun Partners.
Tom Lane, Rockit's General Manager Commercial and General Counsel, welcomed the decision, emphasizing the brand's commitment to protecting its intellectual property as part of its global growth strategy.
For more information:
Jamie Kar
Baker & McKenzie
Tel: +852 2846 1888
Email: [email protected]
www.rockitapple.com
