Shanghai company found guilty of imitating get-up of Johnnie Walker whisky
The Shanghai Second Intermediate People’s Court has ordered Blueblood (Shanghai) Wine Co to pay Rmb1.25 million (approximately $183,000) in damages to Diageo Brands BV for imitating the get-up of Diageo's Johnnie Walker Black Label whisky (November 27 2008).
Diageo is the owner of various JOHNNIE WALKER and JOHNNIE WALKER BLACK LABEL trademarks. The famous Johnnie Walker Black Label whisky is sold in a square glass bottles with black and gold labels.
Diageo had already lodged a complaint against Blueblood with the Shanghai Administration for Industry and Commerce in 2006 and Blueblood had been fined twice for imitating the get-up of Diageo's Johnnie Walker Black Label whisky. However, Blueblood continued using a similar get-up and sold approximately 37,000 additional bottles of whisky under the POLONIUS mark - Blueblood used the same square bottle, similar black and gold labels and similar bottle caps. Diageo subsequently filed suit against Blueblood before the Shanghai Second Intermediate People’s Court.
- imitate the registered trademarks of third parties; and
- use names, packaging or decoration that are identical or similar to those of a famous commodity.
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