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The Supreme People's Court has yet to rule on the appeal. Photo: Xinhua

Row over herbal tea brand goes to China’s Supreme Court

A dispute over the use of the packaging for a well-known brand of herbal tea in China has been heard by the Supreme People’s Court in Beijing.

Jiaduobao (China) Drink is appealing against a lower court ruling that it pay 150 million yuan (HK$190 million) in compensation for using a distinctive red can design for its Jiaduobao herbal tea, which is similar to the Wong Lo Kat brand, the state-run news agency Xinhua reported.

Jiaduobao had an agreement to use the Wong Lo Kat name up to 2010, but a legal dispute began with Guangzhou Pharmaceutical Holdings, which owns the brand, over the continued rights. Jiaduobao argues it had the rights to use the can design.

A ruling was made three years ago that the brand rights belonged to Guangzhou Pharmaceutical, Xinhua said.

The Guangdong Higher People’s Court also ruled in Guangzhou Pharmaceutical’s favour last December, according to the report.

The Supreme People’s Court heard the case on Tuesday, but has yet to release its ruling.

 

 

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