Following the trademark, advertising slogan, and packaging cases, the dispute over the herbal tea formula between JDB and Wang Laoji has finally concluded. Yesterday, Baiyunshan announced that it received the judgment from the Guangdong High People's Court, which made a final ruling on the "formula case" between Wang Laoji and JDB, rejecting JDB's appeal and upholding the original judgment. According to Wang Laoji, since 2013, JDB and Wang Jianyi, the fifth-generation descendant of Wang Laoji's founder Wang Zebang, have used statements, press conferences, and TV commercials to convey messages such as "the exclusive ancestral herbal tea formula and overseas operating rights still belong to my family," "I have exclusively granted the ancestral formula to JDB Group," and "I have never taught the Wang Laoji formula to Guangzhou Pharmaceutical Group." The "Descendant" advertisement featuring Wang Jianyi was broadcast on major TV stations, having a wide impact, causing consumers to misunderstand the Wang Laoji formula and damaging the goodwill of Wang Laoji herbal tea. In response, Guangzhou Pharmaceutical Group and Guangzhou Wang Laoji Great Health Industry Co., Ltd. filed a lawsuit against Guangdong JDB Beverage Food Co., Ltd. and JDB (China) Beverage Co., Ltd. On December 23, 2015, the Guangzhou Intermediate People's Court made a first-instance judgment: JDB must immediately stop the infringing acts of false advertising and commercial defamation, compensate Wang Laoji for economic losses and reasonable legal costs of 5 million yuan, and also publish a statement and publicly apologize in the Guangzhou Daily and on the homepage of JDB Group's official website. JDB appealed against the first-instance judgment. However, the latest final judgment rejected the appeal and upheld the original ruling. In response to this result, JDB stated that Guangzhou Pharmaceutical claimed to have obtained the Wang Laoji herbal tea formula through public-private partnership but did not provide valid evidence. JDB will apply for a retrial in accordance with the law to protect its legitimate rights and interests. JDB also stated it will appeal to the Supreme People's Court. Although the "herbal tea formula case" has concluded, the disputes between Wang Laoji and JDB are far from over. On June 24, Guangzhou Pharmaceutical Group sued JDB for trademark infringement, claiming 2.93 billion yuan in compensation, and the case was heard in the Guangdong High People's Court. Guangzhou Pharmaceutical Group claimed that JDB's legal use of the "Wang Laoji" trademark ended on May 1, 2010, and requested that JDB compensate for economic losses of 2.93 billion yuan caused by infringement of the "Wang Laoji" registered trademark from May 2, 2010, to May 19, 2012. The 2.93 billion yuan claim set a record for the largest compensation claim in China's intellectual property field to date. Initially, Guangzhou Pharmaceutical had claimed 1 billion yuan. In March 2015, it revised the claim amount, stating that it had investigated JDB's net profit from producing and selling Wang Laoji between May 2010 and May 2012 through official channels. The new amount was calculated based on the production net profit of six JDB companies from May 2, 2010, to May 19, 2012. In addition, Guangzhou Pharmaceutical Group also filed a lawsuit against Wang Jianyi in August 2014, claiming that her promotional advertisements for competitor JDB in April-May 2013 violated the company's articles of association and harmed the interests of Wang Laoji Pharmaceutical. However, the trial of this case is currently stalled. Public information shows that since June 2013, courts have ruled on eight cases between Guangzhou Pharmaceutical Wang Laoji and JDB, involving trademarks, packaging, advertising slogans, and other matters. Guangzhou Pharmaceutical Wang Laoji won all cases, and JDB was found to constitute unfair competition, with cumulative compensation of nearly 200 million yuan. -END- The best learning platform for FMCG distributors in China Focusing on providing professional, practical, and applicable tutorials for enterprises and distributors Committed to helping Chinese FMCG distributors grow rapidly The most professional and practical knowledge base in the FMCG industry Reply with the red number below to get the corresponding content Reply with number 1 to view the complete knowledge base | 001 Excellent article selection | 002 Distributor market operations | 003 Terminal visit management | 004 Sales supervisor skills | 005 Sales improvement techniques | 006 Channel expansion | 007 Managing distributors | 008 Distributor development | 009 Distributor internal operations management | 010 Team management | 011 Efficient distribution techniques | 012 Sales manager's eighteen skills | 013 KA operation methods and strategies | 014 First lesson for new salespeople | 015 Internet, brands | 016 Distributor B2B transformation | [Long press QR code to follow]
Brand Marketing
Wang Laoji Wins Final Appeal Against JDB for False Advertising and Commercial Defamation, Awarded 5 Million Yuan
Following the trademark, advertising slogan, and packaging cases, the dispute over the herbal tea formula between JDB and Wang Laoji has finally concluded. Baiyunshan announced that it received the final judgment from the Guangdong High People's Court, which rejected JDB's appeal and upheld the original ruling. Since 2013, JDB and Wang Jianyi, the fifth-generation descendant of Wang Laoji's founder, had spread claims about the exclusive formula and overseas rights, misleading consumers and damaging Wang Laoji's reputation.
