Treasury Wine Estates has scored a major courtroom victory in China, winning more than US$10 million in damages after a years-long fight against a wine brand accused of mimicking its iconic Penfolds label.
A Chinese court on appeal ordered the defendants behind a brand called “Rush Rich” — marketed in Chinese as “奔富酒园” — to pay RMB 70.56 million (about US$10.2 million) in damages, according to a statement from the Australian wine giant.
The first two Chinese characters in the name are identical to Penfolds’ Chinese brand name “奔富,” and the English name “Rush Rich” is widely seen as a literal translation of those characters. The bottles also featured white labels with bold red lettering and numeric product names — hallmarks of Penfolds’ signature look.
From Trade Fair Darling to Courtroom Defeat
The dispute traces back to 2012, when the company behind Rush Rich applied to register the “奔富酒园” trademark and began selling wines under the name.
By 2016, the brand had stormed into China’s booming wine scene, splashing out on prominent booths at major trade shows, launching aggressive distributor recruitment drives and plastering ads across wine media.
For a time, it became one of the more visible “Penfolds lookalikes” in the market.
But regulators soon stepped in.
In 2016, China’s trademark authorities invalidated the “奔富酒园” registration, citing violations of trademark law. The trademark holder – Hengqinglong Wine Industry Dongfangmingri (Jinjiang) I&E Co., Ltd.- fought back in court — and ultimately lost in a 2022 appeal, with judges finding the company had registered multiple trademarks similar to well-known brands, pointing to clear bad faith.
That ruling stripped the company of the legal right to keep selling under the disputed name. The latest case went further — targeting the economic damage and reputational harm caused by years of alleged infringement.
In its statement, Treasury Wine Estates said the use of the similar name and branding was likely to mislead consumers and undermine the Penfolds brand.
The court agreed, finding the defendants had previously been ruled against for similar conduct but continued their activities anyway.
Judges applied double punitive damages, citing the seriousness of the case, and ordered the infringing parties to pay RMB 70.56 million and issue a public statement to repair the damage.
In a twist, one defendant reportedly reduced its registered capital during the proceedings. The court responded by adding its shareholders as co-defendants, holding them jointly liable for the payout.
Corporate records show the company is now listed as operating “abnormally” after authorities were unable to contact it at its registered address.
The ruling follows an earlier trademark infringement victory by DBR Lafite, which was awarded RMB 80 million in damages.
A Long War Over the “Penfolds” Name
Penfolds, one of the best-known Australian wine brands in China, has long battled copycats in the lucrative market.
Part of the problem dates back to an early trademark lapse, when the Chinese name “奔富” was re-registered by a third party after its original registration expired.
Since then, Treasury Wine Estates has aggressively pursued trademark enforcement, winning multiple cases and working with regulators to crack down on imitation brands.
The company re-registered the “奔富” trademark in China in 2020. The mark is now officially recognized as a well-known trademark under Chinese law.
The latest ruling sends a clear signal: in China’s fiercely competitive wine market, the era of easy knockoffs may be getting more expensive.
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