On the 13th, JDB's official Weibo published an article stating that it received the final ruling from the Guangdong High Court on the same day regarding the 'Fear of getting heaty' slogan case between JDB and Wanglaoji Company and GPHL. The ruling stated that JDB's continued use of the slogan pattern 'Drink XXX if you fear getting heaty' on its 'JDB Herbal Tea' product does not constitute unfair competition. The court overturned the first-instance judgment by the Guangzhou Intermediate Court and dismissed all claims by Wanglaoji and GPHL.

This is another major favorable ruling for JDB, following the Supreme People's Court's final decision on the red-can packaging case in August this year.

These two final rulings have upheld JDB's rights:

First, JDB has the right to use the red-can packaging it originally created;

Second, JDB has the right to use the slogan 'Drink XXX if you fear getting heaty' that it originally created and continuously promoted.

The 'ever-victorious' Wanglaoji has suffered a setback

From 2012 to 2015, Wanglaoji and JDB were involved in dozens of lawsuits, with Wanglaoji achieving 14 consecutive victories, winning all slogan-related cases including the 'renaming case', the '10 cans, 7 cans' case, and the 'auspicious moments' case. According to incomplete statistics, Wanglaoji's total claims against JDB amounted to a staggering 5 billion yuan.

Two years ago, the first-instance judgment in Wanglaoji's lawsuit against JDB over the 'Fear of getting heaty' slogan was delivered, and luck was again on Wanglaoji's side. The court ordered JDB to stop using the slogan and pay Wanglaoji 5 million yuan in compensation.

On August 10 this year, COFCO Packaging announced its intention to invest in Qingyuan JDB in exchange for approximately 30% equity. The final investment amount was 2 billion yuan, finalized in October this year.

Since JDB and COFCO entered their honeymoon period, in just over four months, JDB has received two major favorable court rulings. It seems that COFCO's influence is more significant than that of GPHL behind Wanglaoji. What do you think? Feel free to leave a comment and discuss!

Appendix: The Slogan Dispute Between JDB and Wanglaoji

'Fear of getting heaty? Drink Wanglaoji'

Case Overview: In July 2012, JDB sued Wanglaoji for unfair competition over the slogan 'Fear of getting heaty? Drink JDB'.

Judgment: In December 2013, the First Intermediate Court of Chongqing heard the case and dismissed JDB's claims.

Case Overview: In March 2014, Wanglaoji sued JDB over the slogan 'Fear of getting heaty? Drink JDB' for unfair competition, heard at the Guangzhou Intermediate Court. Wanglaoji claimed 5 million yuan in compensation from JDB and its distributors.

Judgment: On December 3, 2015, the Guangzhou Intermediate Court ruled in the first instance that the slogan 'Fear of getting heaty' was exclusive to the Wanglaoji brand, and JDB must immediately stop using it and pay Wanglaoji 5 million yuan in economic damages.

'The red-can herbal tea with the nation's leading sales has been renamed JDB'

Case Overview: On November 30, 2012, GPHL sued JDB in the Guangzhou Intermediate Court, claiming that slogans such as 'The red-can herbal tea with the nation's leading sales has been renamed JDB' constituted false advertising and unfair competition, seeking 10 million yuan in damages and a preliminary injunction to stop the use of the slogans. In January 2013, the Guangzhou Intermediate Court issued a preliminary injunction ordering JDB to immediately stop using the slogans.

Judgment: The Guangzhou Intermediate Court ruled in the first instance that slogans such as 'The red-can herbal tea with the nation's leading sales has been renamed JDB' were false advertising, requiring JDB to withdraw all such promotions, pay GPHL 10 million yuan in damages, and issue a public apology.

'Out of every 10 cans of herbal tea sold in China, 7 are JDB'

Case Overview: In August 2013, GPHL sued JDB and two retailers over slogans such as 'Out of every 10 cans of herbal tea sold in China, 7 are JDB' for false advertising and unfair competition, requesting a preliminary injunction.

Judgment: On November 17, 2014, the Guangzhou Intermediate Court issued its judgment, ruling in the first instance that three slogans, including 'Out of every 10 cans of herbal tea sold in China, 7 are JDB; more people drink JDB when they fear getting heaty; with authentic formula, more people drink it', were false advertisements. The court ordered JDB to withdraw the advertisements, pay Wanglaoji 5 million yuan in compensation, and make public statements in multiple media outlets.

On March 8, 2016, the Guangdong High Court upheld the first-instance judgment in the second instance.

'JDB wins 'Seven Consecutive Championships' in China's canned beverage market'

Case Overview: In June 2014, Wanglaoji sued JDB over slogans such as 'Herbal tea has won the first can in China for 7 consecutive years' and 'JDB herbal tea has won the seven consecutive championships in China's canned beverage market', claiming these and similar expressions infringed on Wanglaoji's product reputation and constituted false advertising. Wanglaoji filed a lawsuit at the Third Intermediate Court of Beijing, demanding the defendant stop the infringement, issue a public apology, and pay 20 million yuan in damages plus 1 million yuan in reasonable legal costs.

Judgment: In December 2014, the Third Intermediate Court of Beijing ruled in the first instance that slogans such as 'Herbal tea has won the first can in China for 7 consecutive years' and 'JDB herbal tea has won the seven consecutive championships in China's canned beverage market' constituted false advertising, ordering JDB to stop the infringement and pay Wanglaoji 3 million yuan in compensation. JDB appealed, and the Beijing High Court accepted the case. On July 23, 2015, the Beijing High Court upheld the original judgment in the final instance.

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