Firm sued over whisky ''copy''

Diageo, the maker of Johnnie Walker whisky, is seeking 2 million yuan (US$291,971) in compensation from a local wine company for unfair competition and packaging violations.

The Shanghai No. 2 Intermediate People's Court has heard the case but has not yet reached a verdict.

Diageo accused Blueblood (Shanghai) Wine Co Ltd of adopting similar packaging to its Johnnie Walker Black Label on Polonius whisky.

Diageo said the Polonius brand used the same square bottle as Johnnie Walker and the three labels, in black and gold, were attached in the same positions. Both also used similar lids with the same color and font.

"The bottle and packaging of Johnnie Walker Black Label are outstanding and have been approved as a three-dimensional trademark by the State Trademark Administration," said He Fang, lawyer for the plaintiff.

The company has used the packaging since 1909, He said.

Diageo (Shanghai) Ltd, another plaintiff, has been authorized to use Johnnie Walker's packaging in China.

Diageo said the local market watchdog had fined Blueblood twice for using similar packaging to Johnnie Walker.

The Shanghai Industrial and Commercial Administrative Bureau believed Blueblood was engaged in unfair competition, the court heard.

The plaintiffs accused Blueblood of selling Polonius whisky online with pictures of Johnnie Walker, and confusing customers.

Blueblood argued it used its own designers for packaging and it was using the packaging before Johnnie Walker Black Label entered the Chinese market. It also told the court it had stopped production of the whisky.