Treasury Wine Estates (TWE) today announced important recognition from the Supreme People’s Court (SPC) of the People’s Republic of China for its ongoing brand protection and anti-counterfeiting program. The Court has selected a favourable Penfolds case for inclusion in its Reference Case Library, cementing its role as an important part of China’s judicial history. The library was launched in early 2024 to raise public awareness of key decisions and support academic research. To date, a very small portion of overall cases adjudicated by Chinese courts since 1995 – around 0.003% - have been selected for inclusion, with the library currently featuring less than 5,000 cases.

Penfolds at the 2024 China International Import Expo in Shanghai

The selected case features the landmark 2020 infringement decision against the copycat operator PENFUNILS. In this decision, the court granted “well-known” status to Penfolds BEN FU Chinese trademark - 奔富 - the highest level of recognition for a common law trade mark under China’s legal system. The Court ruled that BEN FU had become synonymous with Penfolds wines in China as a result of over 20 years of continuous and significant use and investment in marketing the brand, rapid and consistent growth in sales and profits, and a comprehensive and vigorous brand protection program.

Images of the infringing “Penfunils” copycat labels that were the subject of the 2020 Court decision.

Anna Olsen, TWE’s Global Director of Intellectual Property, said: “We’re honoured by this recognition of our brand protection program, and greatly appreciate the unwavering support from the Chinese authorities and industry partners over many years in protecting the rights and reputation of our brands. Strong mechanisms to protect intellectual property rights support a fair, transparent, and supportive business environment for foreign enterprises, and gives consumers confidence in the integrity of luxury brands.”

The Court’s recognition of this copycat case’s significance follows the historic 2022 win against the infamous Penfolds copycat operator Rush Rich, concluding a 6 year battle in China and Australia. In that case, TWE received the favourable judgment that Rush Rich’s registration of the Chinese character mark for Penfolds Winery – 奔富酒园 – was invalid. TWE has since been awarded over AUD14 million in damages, with Rush Rich ordered to stop all infringing activity and issue a public apology. This decision is now under appeal.

Tom King, Managing Director of Penfolds

Penfolds Managing Director Tom King said “Penfolds has a proud history in China that dates back to 1893 and we have a long-term commitment to the Chinese market. Robust legal protections that prevent infringement of our valuable trademarks gives wine lovers the confidence to continue enjoying high-quality wine that Penfolds is known for, and we’re grateful for the ongoing support of Chinese authorities.”

Wine Australia’s General Manager Regulation and General Counsel, Ned Hewitson, said “Protecting the integrity of Australian wine brands in key export markets such as China is critical to maintaining the sector’s global reputation and commercial viability. Through Wine Australia’s Export Label Image Search System (ELISS), we help prevent export of copycat products that seek to exploit the reputation of established brands, and support industry efforts to protect IP and maintain consumer trust in Australian wine globally.”

Luxury Penfolds wines on show at the 2024 China International Import Expo in Shanghai

TWE has a zero-tolerance approach to infringement, with a comprehensive, innovative global brand protection program to protect its world renowned wine brands and related intellectual property assets. In recognition of its market-leading global intellectual property function, including in-house management model, TWE was named the 2023 Food and Beverage and 2021 Asia Pacific IP team of the year by World Trademark Review.

The database featuring the case as a ‘National Reference Model for Unregistered Well-Known Trademark Protection’ is accessible at Home - People's Court Case Database.

Media

Helen Shaw, Treasury Wine Estates - +61 402 227 881, helen.shaw@tweglobal.com

About Treasury Wine Estates  

Treasury Wine Estates (TWE) is one of the world’s leading luxury and premium wine companies and is listed on the Australian Securities Exchange.   

TWE’s global, multi-regional sourcing model includes world class vineyard and production assets in internationally acclaimed winemaking regions including Barossa Valley and Coonawarra in Australia, Napa Valley and Paso Robles in the United States, Marlborough in New Zealand, Bordeaux in France, Tuscany in Italy, and Ningxia in China. The company has a strong focus on sustainability and building a brighter future for everyone who touches the business.  

TWE’s global portfolio is available in more than 70 countries and includes luxury and premium brands such as Penfolds, DAOU Vineyards, 19 Crimes, Pepperjack, Squealing Pig, Wynns, Matua, Beaulieu Vineyard, and Frank Family Vineyards.   

The company employs a global team of approximately 2,600 people, with its culture best expressed by the ‘TWE DNA’ – enabling team members to be courageous, bring their whole selves to work, and deliver together.  

推荐阅读：