The Knockout Drama Title Protected as Commercial Identifier: OEM and Wine Sellers Fined 5 Million RMB
The Supreme People's Court of China released a typical case where the title of the hit drama "The Knockout" (狂飆) was protected under the Anti-Unfair Competition Law. A wine company and its OEM brewery were ordered to pay 5 million RMB in damages for using the drama's distinctive title and elements without authorization.
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On September 20, 2026, the Supreme People's Court released a judgment ordering a wine company to pay 5 million RMB for infringing on the hit drama "The Knockout" (Kuang Biao), shattering the illusion that unregistered names can be used for free. In case (2025) Hu 73 Min Zhong No. 120, the Shanghai Intellectual Property Court ruled that although the drama title is not a registered trademark, its high popularity qualifies it as a protected commercial identifier. This is akin to an intangible asset investment that has already yielded market returns; its goodwill cannot be free-ridden even without registration. While honest businesses remain unaffected, this serves as a warning to OEMs, as the contract brewery was held jointly liable for 500,000 RMB due to failure of duty of care. Zhidian's Trademark Monitoring service helps businesses identify such hidden infringement risks early in daily operations. We suggest: first, OEMs must require clients to present legal authorization and include indemnity clauses in contracts; second, brands should avoid using popular drama titles or character designs for cross-industry naming. Brand awareness is a long-term financial investment requiring continuous resources, and respecting others' intangible assets is the safest hedging strategy for enterprises.
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