L’Occitane Cherry Blossom Lotion was imitated and the court ruled a compensation of 9 million yuan in final judgment

2022/08/02

On June 25, the Zhejiang Higher People's Court held a second instance judgment to try the counterfeiting of the L'Occitane Cherry Blossom Lotion case. It made a final judgment that upheld the original verdict: Zhejiang Junda Biological Technology Development Co., Ltd., Guangzhou Ailian Cosmetics Co., Ltd. immediately stopped infringing on the trademark rights of M&L (formerly known as L'Occitane) and unfair competition, with total compensation of 9 million yuan. This case is a typical case of counterfeiting well-known commercial signs. The infringement involved in the case is obvious and typical. The relatively high amount of compensation can be a warning in the industry. After the defendant had known the plaintiff's litigation request and the first instance trial had started, he rushed to replace the package of the infringing product to continue to seek illegal benefits, and the adjusted packaging and decoration still constituted infringement, which fully proved that the defendant had obvious subjective infringement malice. Zhejiang Higher People's Court pronounced and maintained a compensation of 9 million yuan in court, reflect China's determination to strengthen the protection of intellectual property rights.