Supreme Court Issues Final Verdict in Ronghua Mooncake Trademark Case (AI Translation)
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文｜财新周刊 马雪迎（实习），葛杏航
By Caixin Weekly's Ma Xueying (Intern), Ge Xinghang
方形铁盒，湛蓝底色，两朵红色牡丹映于满月之上。这一被消费者熟知的“花好月圆”图案是香港荣华月饼的经典包装。鲜为人知的是，围绕“荣华月饼”这一商品，香港与广东两地企业长期争斗不休，打了多场官司。其中一起案件讼争长达17年，直到2024年初最高法院下达第二次再审判决书才告落幕。其他关联案件也已接近尾声。
A square iron box with a deep blue background, featuring two red peonies above a full moon. This "Flowers in Full Bloom and Moon at its Roundest" design is the classic packaging of Hong Kong's Wing Wah mooncakes, well-known to consumers. Lesser known, however, is the prolonged legal battle over the "Wing Wah Mooncake" trademark between companies in Hong Kong and Guangdong, involving numerous lawsuits. One such case stretched over 17 years, only concluding in early 2024 when the Supreme Court issued a judgment after a second retrial. Related cases are also nearing their end.
香港荣华月饼自上世纪70年代销往内地，1994年正式在广东东莞建厂。无独有偶，由广东顺德个体户苏国荣开办的食品厂于1983年注册成立，同样使用“荣华”作为其生产月饼的名称，并于1997年获得山东一家糖果厂转让的“荣华”文字+图形商标。由于该糖果厂注册商标在先，香港荣华在内地始终未能成功注册“荣华”相关商标。
Since the 1970s, Hong Kong's Wing Wah mooncakes have been sold to Mainland China, with a factory officially established in Dongguan, Guangdong, in 1994. Coincidentally, a food factory opened by Su Guorong, an individual entrepreneur from Shunde, Guangdong, was registered in 1983 and also used "Wing Wah" as its name for producing mooncakes. In 1997, it acquired the "Wing Wah" text and graphic trademark from a candy factory in Shandong. Since the candy factory had registered the trademark earlier, Hong Kong's Wing Wah has never been able to successfully register related trademarks in Mainland China.
1999年，香港荣华以不正当竞争纠纷为由在佛山起诉苏国荣一方，认为其“花好月圆”的经典月饼包装遭到后者恶意模仿。2000年4月，佛山市中级法院对该案作出判决，一方面认定香港荣华月饼为知名商品，苏国荣侵害了香港荣华的知名商品包装装潢权，应停止生产销售并承担赔偿责任；另一方面表示苏国荣合法持有荣华相关商标，使用荣华月饼的名称合法。一审判决后双方均未上诉。
In 1999, Hong Kong Wing Wah filed a lawsuit in Foshan against Su Guorong over unfair competition disputes, claiming that its classic mooncake packaging "Hua Hao Yue Yuan" was maliciously imitated by the latter. In April 2000, the Foshan Intermediate People's Court ruled on the case. On one hand, it recognized Hong Kong Wing Wah mooncakes as well-known products and found Su Guorong had infringed upon Hong Kong Wing Wah's right to package decorations of well-known products. Therefore, Su was ordered to cease production and sales and to bear liability for compensation. On the other hand, it stated that Su Guorong legally held the related trademarks to Wing Wah and was lawful in using the name Wing Wah for his mooncakes. Neither party appealed the first-instance judgment.
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- The iconic "Flower and Full Moon" packaging of Hong Kong Wing Wah Mooncakes, featuring a square tin with a deep blue background and two red peonies above a full moon, became the center of a long legal battle between companies in Hong Kong and Guangdong. This dispute involved multiple lawsuits over the years, including one that lasted for 17 years until a final judgment by the Supreme Court in early 2024.
- Hong Kong Wing Wah began selling mooncakes to mainland China in the 1970s and officially established a factory in Dongguan, Guangdong, in 1994. Meanwhile, Su Guorong from Shunde, Guangdong, started using "Ronghua" (Wing Wah) for his mooncake brand since 1983 after registering it and later acquired the "Ronghua" text + graphic trademark transferred from a candy factory in Shandong in 1997. Despite this earlier registration preventing Hong Kong Wing Wah from registering similar trademarks in mainland China, disputes arose over packaging imitation claims leading to legal actions starting from 1999.
- The Supreme Court's second retrial decision in December 2023 ruled that while Wing Wah Mooncakes are recognized as well-known goods deserving protection for their unique packaging decoration under unfair competition laws, Su Guorong's Shunde Ronghua did not infringe on the exclusive right to the name of these well-known goods but must use the "Ronghua Mooncake" name properly without causing confusion. This nuanced ruling reflects ongoing challenges in balancing trademark rights with protections against unfair competition within China's evolving intellectual property landscape.
The legal battle over the "Wing Wah Mooncake" trademark between Hong Kong's Wing Wah and Guangdong's Shunde Ronghua has been a prolonged affair, stretching over 17 years and involving numerous lawsuits, finally concluding in early 2024 with a Supreme Court judgment. The core of the dispute revolved around the rights to use the "Wing Wah" name and packaging design for mooncakes, which both parties claimed as their own due to their significant market presence and consumer recognition in their respective regions [para. 1][para. 2].
Hong Kong's Wing Wah mooncakes, known for their distinctive packaging featuring two red peonies above a full moon, have been sold since the 1970s. The company established a factory in Dongguan, Guangdong, in 1994. Around the same time, Su Guorong from Shunde, Guangdong, also began producing mooncakes under the "Wing Wah" name after acquiring a related trademark from a candy factory in Shandong [para. 2][para. 3]. This led to conflicts over trademark rights as Hong Kong's Wing Wah was unable to register its trademarks in Mainland China due to prior registration by Su Guorong’s company [para. 3].
The legal disputes included accusations of unfair competition and infringement on exclusive rights to well-known product names and packaging designs. In one notable case resolved in April 2000, while Hong Kong Wing Wah's claim regarding its well-known product packaging was upheld, leading to an order for Su Guorong to cease production and sales that infringed upon this right; it was also ruled that Su legally held the related trademarks [para. 4]. This complex situation highlighted issues surrounding trademark registration precedence versus recognition of well-known product names and designs under competition law.
Throughout various trials and retrials spanning nearly two decades, courts at different levels delivered contradictory judgments on whether Hong Kong Wing Wah or Shunde Ronghua had legitimate claims over the "Wing Wah Mooncake" name and associated trademarks. These rulings reflected broader challenges within intellectual property law concerning how earlier registered trademarks interact with later-established well-known goods under competition law [para. 5][para. 6].
In December 2023, the Supreme Court issued a second retrial verdict recognizing that while Shunde Ronghua infringed upon Hong Kong Wing Wah’s exclusive right to its well-known product’s packaging design, it did not infringe on the exclusive name rights of well-known products. Thus, Shunde Ronghua could legitimately use the name "Ronghua Mooncakes." This decision underscored ongoing legal ambiguities between registered trademarks and protection under anti-unfair competition laws [para. 7][para. 8].
The case exemplifies tensions between maintaining trademark rights obtained through registration versus acknowledging market-established reputations of unregistered but widely recognized product names and designs. Intellectual property experts argue that further clarification is needed regarding these relationships at the legal level alongside an emphasis on business ethics to supplement existing gaps in legislation [para. 9][para. 10].
This saga also reflects evolving judicial practices towards more flexible approaches in protecting unregistered trademarks with prior overseas rights or significant market recognition against malicious registrations. Amendments to China's Trademark Law have begun addressing these issues by stipulating defenses based on prior use but highlight ongoing challenges in delineating clear boundaries for competitive behavior within markets heavily influenced by intellectual property disputes [para. 11][para. 12].
Ultimately, this landmark case not only sheds light on specific intricacies within Chinese intellectual property law but also emphasizes the need for ethical business practices alongside legal remedies in resolving disputes over brand identity and market positioning within increasingly globalized markets [para. 13].
- Hong Kong Wing Wah Company
香港荣华公司 - Summary： Hong Kong Wing Wah Company, known for its iconic "Wing Wah Mooncake," has been a significant player in the mooncake market since the 1950s. The company was established in Yuen Long, Hong Kong, primarily focusing on the restaurant business before expanding into food processing, including the production of mooncakes. Wing Wah's mooncakes gained popularity in Hong Kong from the 1960s and began to be sold in mainland China starting from 1978. In December 1994, Wing Wah further solidified its presence in mainland China by establishing a joint venture with Dongguan Shijie Wantong Industrial Co., Ltd., forming Dongguan Wing Wah Cake Shop Limited Company (referred to as "Dongguan Wing Wah") in Dongguan, marking its official factory establishment in mainland China.The company's mooncake packaging is well-recognized for its square iron box with a deep blue background featuring two red peonies above a full moon, embodying the "Flowers are blooming under the full moon" theme. Despite not being able to register "Wing Wah" related trademarks in mainland China due to prior registrations by another party, Hong Kong Wing Wah continued using its distinctive packaging and branding to promote its products.Over the years, Hong Kong Wing Wah found itself embroiled in legal disputes with enterprises from Guangdong over the use of the "Wing Wah" name and similar packaging designs for mooncakes. These disputes led to multiple lawsuits spanning over 17 years, culminating in a second retrial judgment by the Supreme Court early in 2024 that finally settled one of these long-standing cases. The court's decision acknowledged that while Hong Kong Wing Wah's mooncakes are considered well-known goods entitled to protection for their specific package decoration rights under unfair competition law, it did not infringe upon any exclusive right to use the name "Wing Wah Mooncake," allowing both parties certain usage rights under fair competition principles.
- Dongguan Wing Wah Cake Shop Co., Ltd.
东莞荣华饼家有限公司 - Summary： Dongguan Wing Wah Cake Shop Co., Ltd. (referred to as "Dongguan Wing Wah") is a joint venture established in December 1994 between the Hong Kong Wing Wah company and Dongguan Shi Jie Wan Tong Industrial Co., Ltd. in Dongguan, marking the official establishment of Wing Wah's factory in Mainland China. This move was part of Wing Wah's efforts to expand its market presence into the Mainland, following its success in Hong Kong where it had been selling mooncakes since the 1960s and began exporting them to the Mainland in 1978. The establishment of Dongguan Wing Wah allowed for local production and distribution of Wing Wah mooncakes within Mainland China, contributing to the brand's growth and recognition in the region.
- Shunde District Leliu Su's Wing Wah Food Factory of Foshan
佛山市顺德区勒流苏氏荣华食品厂 - Summary： Shunde District Leliu Su's Wing Wah Food Factory of Foshan, also referred to as "Shunde Wing Wah," was founded by an individual entrepreneur named Su Guorong in 1983. It is located in Shunde, Guangdong Province, China. The factory started its operations by producing mooncakes under the "Wing Wah" name. In 1997, Shunde Wing Wah obtained the "Wing Wah" text + graphic trademark through a transfer from a candy factory in Shandong. This trademark had been registered earlier by the candy factory, which put Shunde Wing Wah in a position where it legally held rights to use the "Wing Wah" name for its mooncake products within mainland China.Despite its legal trademark rights, Shunde Wing Wah found itself embroiled in a long-standing legal dispute with Hong Kong Wing Wah over the use of the "Wing Wah" brand and specific packaging designs associated with mooncakes. This dispute spanned several years and involved multiple lawsuits concerning trademark rights and allegations of unfair competition due to similarities in product packaging and branding.The contention between these two entities highlights the complexities of trademark law and brand differentiation within related markets. Despite holding a legitimate trademark, Shunde Wing Wah faced challenges regarding how their use of the brand and packaging was perceived in relation to Hong Kong Wing Wah's established reputation and branding efforts.
- Foshan Shunde District Su's Wing Wah Food Co., Ltd.
佛山市顺德区苏氏荣华食品有限公司 - Summary： Foshan Shunde District Su's Wing Wah Food Co., Ltd. (referred to as "Shunde Wing Wah") was established by an individual entrepreneur named Su Guorong in 1983 in Shunde, Guangdong. The company used "Wing Wah" as its name for producing mooncakes and registered the "Wing Wah" trademark after acquiring it from a candy factory in Shandong in 1997. This trademark included both text and a graphic element. Despite the fact that Hong Kong Wing Wah had been using the "Wing Wah" name and selling its mooncakes in mainland China since the 1970s, they were unable to register the "Wing Wah" related trademarks in mainland China due to the prior registration by the candy factory, which later transferred the rights to Shunde Wing Wah.The legal disputes between Hong Kong Wing Wah and Shunde Wing Wah revolved around trademark rights and unfair competition claims, particularly concerning the use of packaging designs that were similar to those of Hong Kong Wing Wah's iconic mooncakes. These disputes led to multiple lawsuits over several years, with one case stretching over 17 years before reaching a conclusion with a second retrial verdict by the Supreme Court in early 2024.The Supreme Court's final decision acknowledged that while Shunde Wing Wah legally held the trademark rights for "Wing Wah," Hong Kong Wing Wah's mooncake packaging design was recognized as having distinctive decoration rights associated with a well-known product. However, it did not infringe on the specific name right of a well-known product because once a name is registered as a trademark, it loses its distinctiveness as such and gains exclusivity under trademark law instead. Therefore, while Shunde Wing Wah infringed upon Hong Kong Wing Wah's right to unique product packaging decoration, it did not infringe upon their right to use the specific product name "Wing Wah Mooncake" legitimately.This case highlights complex issues surrounding trademark law and unfair competition within China’s legal system, illustrating how businesses can navigate these challenges through litigation while also emphasizing the importance of registering trademarks promptly and navigating commercial ethics carefully.
- Zhongshan Jinming Food Co., Ltd.
中山市今明食品有限公司 - Summary： I'm sorry, but the article content provided does not mention or provide information about Zhongshan Jinming Food Co., Ltd. The content focuses on the legal disputes between Hong Kong Wing Wah and a company in Guangdong over the "Wing Wah" mooncake brand, including issues related to trademark rights and unfair competition. If you have any other questions or need information on a different topic, feel free to ask!
- Guangzhou Trust-Mart (Tianli) Department Store Co., Ltd.
广州市好又多（天利）百货商业有限公司 - Summary： The article does not provide specific information about Guangzhou Trust-Mart (Tianli) Department Store Co., Ltd. Instead, it focuses on the legal disputes between two companies over the "Ronghua" brand mooncakes in Hong Kong and Mainland China. The disputes involve issues of trademark rights, unfair competition, and the protection of well-known product packaging and decoration rights. Therefore, I cannot provide details on Guangzhou Trust-Mart (Tianli) Department Store Co., Ltd. based on the content of this article.
- 1950：
- Wing Wah Restaurant established in Yuen Long, Hong Kong
- 1970s：
- Wing Wah mooncakes sold to Mainland China
- 1983：
- Su Guorong opens Ronghua Pastry Shop in Shunde, Guangdong
- 1986：
- Hong Kong Wing Wah applies for 'Wing Wah Mooncake' trademark in the US
- 1992：
- Hong Kong Wing Wah registers 'Peony Flower' trademark in Mainland China
- 1994：
- Dongguan Wing Wah factory established in Dongguan, Guangdong
- 1997：
- Hong Kong Wing Wah sues Su Guorong for unfair competition
- 1999：
- Hong Kong Wing Wah sues Zhongshan Jinming Food Co. for trademark infringement
- 2000：
- First instance judgment in Wing Wah v. Su Guorong case
- 2006：
- Hong Kong Wing Wah sues Jinming Food Co. again for trademark infringement
- 2009：
- Second instance judgment in Jinming case
- 2012：
- Supreme Court first retrial in Jinming case
- 2017：
- Guangdong High Court second instance judgment in Wing Wah v. Su Guorong case
- 2023：
- Supreme Court second retrial in Jinming case
- 2024：
- Supreme Court issues final judgment in Jinming case
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