Analysis Of Red Tank Decoration Case Between Wang Laoji And JDB

The lawsuit between Wang Laoji and JDB in which they prosecuted each other infringement for using packaging and decoration of "Red Cans" have triggered intense dispute. there are three main controversial issues.firstly, whether the famous commodity involved is herbal tea of Wang Laoji or JDB. secondly, the packaging and decoration right particular to the famous commodity involved in the case should be attributed to JDB or Wang Laoji. thirdly, if the packaging and decoration right and trademark right of famous commodity involved can be separated. The key to solving it is to affirm the attribution of the famous commodity involved, based on which then affirm the attribution of the packaging and decoration right particular to the famous commodity, and finally affirm if the separation of the packaging and decoration right and trademark right of the famous commodity is acceptable. Firstly, in light of relevant laws and regulations of our country and practical experiences like judicial precedents, the famous commodity should be attributed based on the circumstance particular to each case and with factors like the production and marketing time of the commodity, sales quantity and sales volume, market share, advertising and publicity coverage, market popularity and awards they received. Next, according to relevant theories and practices, the packaging and decoration right of the famous commodity should be attributed on the basis of the principle of prior use and contribution. Due to the fact that the packaging and decoration involved in this case was initially used by JDB, the packaging and decoration right of famous commodity in this case should be attributed to JDB. Finally, the separation of the packaging and decoration right particular to the famous commodity and its trademark right is legal and reasonable in light of relevant laws and regulations as well as the pricinpals of effectiveness and justice, which leads to the conclusion that the packaging and decoration right particular to the famous commodity involved in this case should be separated from Wang Laoji who possesses trademark right of the commodity and be attributed to JDB.