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ARTICLE · 09 SEPTEMBER 2020

Where Alcohol Meets IP: How Martell Won In China

Real names on fake products.

ChinaIntellectual Property

Real names on fake products. China has often faced this problem in the past thirty years, also in the spirits industry. Fake bottles with Martell, Johnny Walker and other known names could be found in shops and in entertainment venues around the country. 

After China became a member to the WTO and become more serious about IP protection, slowly the cases where infringing copycats used the real names became lower. It became clearer to infringers that such copying would mean trademark infringement as most companies would register the name of their product and the name of their company as a trademark in China. 

What infringers did next: imitating the shape of the bottle 

The question then for these companies was how to still get the consumer to buy their fake products by making consumers believe they are buying the real thing. Slowly the names of the products started to become a bit different. First a difference of one letter and later more and more letters were

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