Treasury Wine has launched legal action against Rush Rich for
trade mark infringements exploiting the company's Penfolds brand, including the unauthorised use of Treasury's BEN FU trademark, which is the lettering and characters used in China for Penfolds.
Even without any economic harm to the
trade mark owner, where the only purpose of the use of the lookalike is to
exploit the reputation of the market leader in order to benefit and promote the sale of the lookalike that will confer an unfair advantage and amount to
trade mark infringement.»