Legal experts believe that the legal basis of the dispute between GPHL and Jiaduobao is clear, and the key to determining the trend of the case lies in the content of evidence provided by both parties.
Lawyers said that from the legal point of view, the decoration right is not an independent right, but is attached to the trademark right. On the other hand, the right of decoration can be obtained through use. The basis of GPHL is the Anti-Unfair Competition Law, in which the second paragraph of Article 5 stipulates that the operator shall not "use the name, packaging and decoration unique to a well-known commodity without authorization, or use the name, packaging and decoration similar to a well-known commodity, so as to confuse it with other people's well-known commodities and make the buyer mistake it for the well-known commodity;" . Jiaduobao thinks that the packaging of "Wang Lao Ji" herbal tea with red and yellow metal pop-top cans is designed by itself, and also submitted a patent application for design to China National Intellectual Property Administration, and obtained the patent of 1997.