Treasury Wine Estates has secured a win in China’s highest court against a company it alleges is a copycat operator that has been exploiting the ASX-listed winemaker’s Penfolds brand.
Treasury has been involved in a six-year legal battle with Rush Rich in Australia and China over allegations the company had been copycatting the Penfolds brand in China.
On Wednesday, Treasury confirmed it had a landmark win against Rush Rich in the Supreme People’s Court of China, which found Rush Rich’s registration of Chinese characters for its brand that sound similar to Penfolds was not valid.
The court decision was made in the context that Rush Rich acted in “bad faith” and had been engaged in illicit conduct, given that the company had also registered a large number of trademarks for other luxury brands including Bentley, Treasury Wines said in a statement.
Penfolds managing director Tom King thanked Chinese authorities for their commitment to protecting the integrity of the company’s brand.
“Our long-term commitment to China, together with international legal protections to prevent infringement of our trademarks, gives our consumers the confidence to continue enjoying award-winning quality wine from the Penfolds collection,” he said.
Penfolds has brought a number of cases against Rush Rich since 2016, and won them all, including a Federal Court action over infringement of its brand.
Treasury’s global director of intellectual property, Anna Olsen, said the business would always prioritise the protection of its brands.
“We’ll spare no effort to protect our brands and will pursue our rights to the highest courts where necessary,” she said.