In today's world where intellectual property protection has become a global norm, it is increasingly difficult for a brand to conceal its plagiarism under the seemingly legitimate guise of trademark registration. Recently, Ryukakusan Co., Ltd., a renowned Japanese manufacturer of throat medicine, filed a lawsuit against Hangzhou Hexi Industrial Co., Ltd. for trademark infringement of "龍の散" and unfair competition regarding product packaging and decoration, ultimately winning the case.
Ryukakusan traces its origins to Japan's Edo period, boasting over 200 years of history. It began as a family-secret medicine for the feudal lord of Akita Domain, Lord Satake, invented by the lord's personal physician, Fujii Gen'en.In 1928, the Fujii family established Fujii Tokuzaburo Shoten Co., Ltd., specializing in Ryukakusan throat medicine. To unify the company name with its flagship brand, it officially changed to Ryukakusan Co., Ltd. in 1964. Since then, Ryukakusan has evolved from a single throat remedy into a household name in Japan—a dedicated family medicine brand and enterprise focused on throat health.
To address diverse throat care needs, Ryukakusan Co., Ltd. developed the Ryukakusan Herbal Throat Care Series of throat lozenges based on its original formula. Renowned for their effective soothing properties, these products have gained widespread consumer popularity.Today, Ryukakusan enjoys unparalleled recognition not only throughout Japan but also internationally. As early as 1997, the company expanded into the Chinese market, registering trademarks No. 1090265 "龍角散" and No. 1090266 "龍角散" for Class 30 goods including "candy." These trademarks remain in active use and hold high recognition and reputation among Chinese consumers.
The case referenced herein stems from Ryukakusan's recent discovery of counterfeit "龍の散" candy products circulating in the market, which plagiarize its trademarks and product packaging designs.Investigations revealed that the infringing party, Hangzhou Hexi Industrial Co., Ltd., had applied for the "龍の散" trademark for goods in Class 30 (candy, etc.) and also obtained a design patent for product packaging highly similar to Ryukakusan's herbal throat lozenges.
To protect its legitimate rights and interests and purify the industry market environment, Ryukakusan filed a lawsuit against Hangzhou Hexi Industrial Co., Ltd. based on the infringement investigation results, citing both trademark infringement and unfair competition.
Ultimately, the court ruled that Hangzhou Hexi and a Fujian-based company jointly engaged in the production and sale of infringing goods, constituting trademark infringement and unfair competition. The court ordered Hangzhou Hexi and the Fujian company to cease trademark infringement and unfair competition activities, eliminate the adverse impact, and jointly compensate Ryukakusan Co., Ltd. for damages and reasonable expenses totaling 200,000 yuan.
Ryukakusan's herbal throat lozenges belong to the food category. Product quality not only impacts Ryukakusan's brand reputation but also directly affects consumer health and safety. The infringing products produced and sold by the infringing parties not only encroached upon Ryukakusan's market share, severely damaging its interests and brand reputation, but also offered no guarantee of quality. The court upheld Ryukakusan's request to order the infringing parties to eliminate the adverse effects in its ruling.This ruling demonstrates China's strengthened resolve and capacity in intellectual property protection, serving as a powerful deterrent against brand-riding and free-riding practices in the market.
To enable Chinese consumers to conveniently access authentic Ryukakusan products, the brand officially launched on major e-commerce platforms Tmall and JD.com in 2019. It has also entered premium offline retailers including Century Lianhua, Hema Fresh, and OLE, allowing consumers to purchase Japanese-made Ryukakusan without traveling to Japan.