A landmark trademark infringement case involving Australian wine giant Treasury Wine Estates (TWE) and its flagship Penfolds brand has been officially recognised by China’s Supreme People’s Court (SPC), underscoring the country’s growing support for foreign intellectual property rights.
TWE announced this week that the case, which targeted counterfeit versions of its Penfolds wine in Jiangsu province, has been included in the SPC’s newly launched reference case database — a significant endorsement of the company’s long-standing efforts to combat counterfeiting in China.
The case dates back to 2020, when the Nanjing Intermediate People’s Court ruled that a winery based in Huai’an and its distributor in Hangzhou had infringed on TWE’s intellectual property by using similar Chinese and English trademarks such as “奔富” , “奔富尼澳” and “Penfunils”. The court awarded TWE RMB 1.2 million (US$165,000) in damages and ordered the companies to immediately cease the infringing activity.
At the time, TWE’s Chinese trademark for “奔富” was still undergoing the approval process and had not yet been registered. Nevertheless, the court recognised the brand’s long-standing presence in China and designated it as a well-known unregistered trademark, citing its wide consumer recognition and historical use since the 1990s.
“We’re honoured by this recognition of our brand protection program and greatly appreciate the unwavering support from Chinese authorities and industry partners,” said Anna Olsen, TWE’s global director of intellectual property. “Strong intellectual property protections support a fair, transparent, and supportive business environment for foreign enterprises and give consumers confidence in the integrity of luxury brands.”
The SPC launched its case database in early 2024 to raise public awareness of market regulations and offer legal guidance on intellectual property enforcement. TWE said the inclusion of its case is a milestone in its years-long campaign to safeguard Penfolds in one of its largest export markets.
Ongoing Battle Against Fakes
Penfolds has long been a target for trademark squatting and counterfeiting in China. In one high-profile case, the Chinese name “奔富” was registered by a private individual, forcing TWE into a six-year legal battle to reclaim the rights. In 2021, the Beijing High People’s Court ruled the registration invalid, citing bad faith, and transferred the trademark to TWE.
TWE has also waged a multiyear cross-border legal battle against the lookalike brand “Rush Rich.” Courts in both China and Australia ruled in TWE’s favour, ordering the cancellation of the “奔富酒园” trademark and awarding more than AUD 14 million (US$9.3 million) in damages. The ruling also required the defendant to cease infringement and publicly apologise. The case remains under appeal.
In Shanghai, TWE successfully sued two companies for using names such as “PENFOLD MARY,” “PENFOLD FAMILY,” and “Penfolds-Family,” winning RMB 270,000 (US$37,000) in damages.
The company has also worked closely with regulators to stop counterfeit Penfolds wines from circulating in the market. In 2024, the Haikou Market Supervision Bureau cracked down on multiple retailers selling fake Penfolds products, with at least one case relying on evidence provided by TWE’s legal team.
“Penfolds has a proud history in China that dates back to 1893, and we have a long-term commitment to the Chinese market,” said Penfolds Managing Director Tom King. “Robust legal protections give consumers confidence in the authenticity and quality that Penfolds represents, and we’re grateful for the ongoing support of Chinese authorities.”
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