As a kind of snakes like by people of all ages, cookies is very popular in the market. There are currently two cookies’ brands that are highly welcomed among domestic consumers, which are blue-can cookies and Crown cookies. They are highly similar in product packaging and decoration and use the slogan “Royal Danish” etc., which confuses the buyers to a great extent.

Recently, the Beijing Intellectual Property Court trialed the case of highly similar promotion of these two brands for the second instance. The result comes out that the advertising of Crown Cookies’ product origin and quality constitutes fake publicity, according to the Anti-unfair Competition Law. Crown Cookies should bear corresponding legal responsibilities according to the law, reject the appeal and resist the judge of first instance.

According to the facts investigated in the second instance, fake publicity of the defendant Crown Cookies has increased its competitiveness in the market of cookies products. Meanwhile, it weakens the brand recognized value of the Blue-can cookies products’ Danish Royal Brand’. in this way, it attracts much attention from the consumers and received more business opportunities. It damaged the plaintiff’s interest to some extent.

Overall, the Beijing Intellectual Property Court makes the second instance judge resist the first instance’s trial, and reject the appeal.