Innovative New Zealand snack sized apple company, Rockit Global Limited, is pleased to announce a significant legal victory in its ongoing efforts to protect its intellectual property rights in China. The Zhejiang High People's Court ("the Court") has ruled in favor of Rockit, marking the first time that Rockit has obtained judicial recognition of its trade dress rights over its distinctive packaging. 

Rockit™ Apple Tube Packaging 

This landmark decision is a major milestone for Rockit, as it sets a strong precedent for legal protection over its unique packaging design.

Rockit's packaging design is characterized by a transparent cylindrical tube container that is precisely sized to fit their snack-sized apples. It features an elaborate combination of a red apple graphic, a rocket-shaped or leaf-like pattern, and distinctive design elements, all of which contribute to its unique and recognizable appearance.

The Court's ruling has confirmed that Rockit's distinctive tube packaging has achieved widespread recognition among Chinese consumers and has established a stable connection with the Rockit brand, thanks to extensive promotion and sales. As a result, it is protectable under the PRC Anti-Unfair Competition Law. Additionally, the Court noted that despite updates to Rockit's tube packaging, it has preserved a high degree of consistency, with no substantial alterations to the tube shape, overall design, pattern style, or color layout. As a result, the strong association between the tube packaging and the Rockit brand remains unaffected.  

The case involved a dispute with a local company that was found to sell its apple products in a local fruit market using tube packaging and marks similar to Rockit's. The court recognized the deliberate nature of the infringement and ruled that the defendant acted in bad faith by copying and imitating Rockit's intellectual property rights. Consequently, the defendant was found to have infringed upon Rockit's trade dress and trademark rights.

Rockit General Manager Commercial and General Counsel, Tom Lane, says the snack sized apple brand is pleased with the result. "Unlike any other apple, Rockit™ apples are produced, distributed and marketed as a unique branded offering. With an ambition to become the world's favourite healthy snack, we drive innovation and fresh ideas across every part of our value chain. We are determined to protect our unique brand, and this decision provides valuable recognition of our IP rights as we work to address infringement activities around the world," says Tom.

Baker McKenzie and FenXun Partners, through the joint operation platform Baker McKenzie FenXun, acted as the legal advisor to Rockit. Baker McKenzie’s IP Partner Andrew Sim, said: "We couldn’t be more pleased to have supported Rockit in securing this landmark win in a case of great significance for the food industry, utilizing our extensive experience in assisting companies to safeguard their IP rights."

This victory underscores Rockit's determination and efforts in combatting intellectual property copycats and serves as a stern warning to potential infringers. Rockit will continue to enforce its intellectual property rights in China and take all necessary legal actions to protect its brand and products.