Case Insight - Packaging and decoration are also "core assets." If they meet the criteria of "having certain influence" and possess source-distinguishing characteristics, they are subject to strict legal protection.
Recently, the Hefei Intermediate Court and Anhui Higher Court [2025 Wan Min Zhong 235] found through trials that the packaging and decoration of HERSHEY'S chocolate syrup consists of a combination of unique elements, forming a distinct overall visual image.
The courts confirmed that HERSHEY'S chocolate-flavored syrup (depictured at the right) using the packaging and decoration entered the Chinese market no later than 2016, with extensive sales coverage, large sales volume, and high sales revenue. Meanwhile, evidence from platforms such as WeChat Accounts, Douyin (TikTok), Red Note, and Weibo proved that the product has gained high market recognition in industries including catering, baking, and beverages, and is well-known among relevant public in these sectors. HERSHEY’S chocolate syrup packaging and decoration constitute "influential packaging and decoration".
The courts admit that the Hershey Company’s "HERSHEY'S" and "好时" (HERSHEY’S in Chinese) trademarks have been recognized as well-known trademarks in relation to chocolate and candy products. The reputation of The Hershey Company and its brand have enhanced the influence of its chocolate syrup products.
Even though the infringing products bear their own registered trademarks, the courts clarified that the trademarks are merely elements of packaging and decoration and cannot be evaluated in isolation from the whole. Their legality does not affect the determination of the overall similarity of the packaging and decoration.