China’s Zhejiang High People’s Court ruling confirms Rockit’s distinctive packaging has achieved widespread recognition and can be protected under the PRC Anti-Unfair Competition Law
New Zealand snack sized apple company, Rockit Global, has received a significant legal victory in its ongoing efforts to protect its intellectual property rights in China. The Zhejiang High People’s Court has ruled in favour of the company, marking the first time Rockit has obtained judicial recognition of its trade dress rights over its distinctive packaging.
This landmark decision is a major milestone for Rockit, as it sets a strong precedent for legal protection over its unique packaging design.
Rockit’s transparent cylindrical tube container was designed to precisely fit its snack-sized apples. It also features an elaborate combination of a red apple graphic, a rocket-shaped or leaf-like pattern, and distinctive design elements, all of which contribute to its recognisable appearance.
The Court’s ruling has confirmed that Rockit’s distinctive tube packaging has achieved widespread recognition among Chinese consumers and has established a stable connection with the Rockit brand, thanks to extensive promotion and sales. As a result, it is protectable under the PRC Anti-Unfair Competition Law. Additionally, the Court noted that despite updates to Rockit’s tube packaging, it has preserved a high degree of consistency, with no substantial alterations to the tube shape, overall design, pattern style, or colour layout. As a result, the strong association between the tube packaging and the Rockit brand remains unaffected.
The case involved a dispute with a local company that was found to sell its apple products in a local fruit market using tube packaging and marks similar to Rockit’s. The court recognised the deliberate nature of the infringement and ruled that the defendant acted in bad faith by copying and imitating Rockit’s intellectual property rights. Consequently, the defendant was found to have infringed upon Rockit’s trade dress and trademark rights.
Rockit general manager commercial and general counsel, Tom Lane, said Rockit was pleased with the result.
“Unlike any other apple, Rockit apples are produced, distributed and marketed as a unique branded offering. With an ambition to become the world’s favourite healthy snack, we drive innovation and fresh ideas across every part of our value chain,” Lane said. “We are determined to protect our unique brand, and this decision provides valuable recognition of our IP rights as we work to address infringement activities around the world.”
Baker McKenzie and FenXun Partners, through the joint operation platform Baker McKenzie FenXun, acted as the legal advisor to Rockit.
Baker McKenzie’s IP partner Andrew Sim said: “We couldn’t be more pleased to have supported Rockit in securing this landmark win in a case of great significance for the food industry, utilising our extensive experience in assisting companies to safeguard their IP rights”.
