On social media, \u201cdupes\u201d 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\u2019s reputation and investment \u2014 and can result in significant damages.<\/p>\n
Case example (China):<\/strong><\/p>\n L\u2019OCCITANE discovered a highly similar lotion (Andorheal) with packaging visually resembling their \u201cCherry Blossom\u201d product (bottle shape, floral elements, overall impression).<\/p>\n The first-instance court found trademark infringement, and the appeal failed \u2014 the Zhejiang High Court upheld the decision.<\/p>\n 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.<\/p>\n Similar bottle shapes, decoration, layout, and storytelling on packaging can create brand association and trigger disputes.<\/p>\n If it appears \u201cintentionally designed to resemble,\u201d courts tend to impose stricter penalties \u2014 especially for long-term, high-volume sales.<\/p>\n In this case, the court considered behaviour regarding disclosure of sales data \u2014 when the infringer fails to provide it, the court may estimate damages based on the other party\u2019s claims and evidence.<\/p>\n Savings on design and branding can easily turn into sales bans, market withdrawal, and multi-million damages.<\/p>\n Mini-checklist before launching packaging<\/strong><\/p>\nTips & Tricks: what to watch out for<\/h2>\n
1. The risk is not just the name\/logo \u2014 it\u2019s the overall impression.<\/h2>\n
2. Intent + duration + scale of sales = higher exposure.<\/h2>\n
3. \u201cWe don\u2019t have sales data\u201d is not a strategy.<\/h2>\n
4. The cost of \u201ccheap\u201d design can be extremely high.<\/h2>\n
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