On social media, “dupes” may sound like a budget-friendly alternative. In practice, copying the look & feel of a product is often treated as taking advantage of someone else’s reputation and investment — and can result in significant damages.
Case example (China):
L’OCCITANE discovered a highly similar lotion (Andorheal) with packaging visually resembling their “Cherry Blossom” product (bottle shape, floral elements, overall impression).
The first-instance court found trademark infringement, and the appeal failed — the Zhejiang High Court upheld the decision.
A total of CNY 9 million was awarded (CNY 6M to the distributor + CNY 3M to the manufacturer) due to intentional copying, strong sales performance, and high profits.
Tips & Tricks: what to watch out for
1. The risk is not just the name/logo — it’s the overall impression.
Similar bottle shapes, decoration, layout, and storytelling on packaging can create brand association and trigger disputes.
2. Intent + duration + scale of sales = higher exposure.
If it appears “intentionally designed to resemble,” courts tend to impose stricter penalties — especially for long-term, high-volume sales.
3. “We don’t have sales data” is not a strategy.
In this case, the court considered behaviour regarding disclosure of sales data — when the infringer fails to provide it, the court may estimate damages based on the other party’s claims and evidence.
4. The cost of “cheap” design can be extremely high.
Savings on design and branding can easily turn into sales bans, market withdrawal, and multi-million damages.
Mini-checklist before launching packaging
- Compare your product with category leaders: shape + colours + graphics + fonts + claims
- Conduct an internal “red flag” check: would an average customer associate it with another brand?
- Document your design process (briefs, sketches, iterations) and conduct a basic IP clearance – if you want guidance, feel free to contact us
Source: Marks & Clerk (Lexology) – Two infringers ordered to pay CNY 9 million compensation to L’OCCITANE
https://www.lexology.com/library/detail.aspx?g=e33a15f4-fe7e-4867-be85-a46710fe9e66
(Informational only, does not constitute legal advice.)
