Trademark·Score 55

Court Rules Against Imitation Ice Cream in White Rabbit Trademark Dispute

The Shanghai Minhang District Court ordered manufacturers of "Certain White Rabbit" ice cream to pay 150,000 RMB for trademark infringement, rejecting the prior-use defense.

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On August 17, 2026, the Shanghai Minhang District People's Court announced a trademark infringement case involving White Rabbit ice cream, debunking the myth that minor design tweaks or claiming prior use can exempt a company from liability. The manufacturer was ordered to pay 150,000 RMB because their actual use of the mark postdated the plaintiff's trademark application date, confirming that trademark protection is based on the application date, not when a competitor launches a new product. Honest enterprises that do not ride on others' fame are entirely unaffected. To prevent competitors from free-riding, businesses can utilize Zhitian's trademark monitoring service to intercept similar applications early. We recommend: first, conduct comprehensive trademark searches before product development to avoid classic color schemes and visual features of famous brands; second, abandon the illusion that minor changes avoid infringement, as courts judge based on overall visual confusion. Trademark defense is like military deployment; rather than arguing about who arrived first on the battlefield, it is better to draw compliance boundaries early.

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Compiled automatically by WISECODE IP Radar. Summaries are short source excerpts; commentary is AI-generated. See the source links for full text.

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