With exaggerated facial expressions and impassioned tones, the cheering phrase of “奥利给 (Ao Li Gei in Chinese) ” went viral on short-video platforms. This phrase’s popularity also earned it a spot in the top ten internet buzzwords of 2020. However, the widespread use of this phrase also caught the attention of a company called Shanghai Senyi Industry Co., Ltd. (hereinafter referred to as “Senyi”), who smelt a business opportunity. In the same year, they began to apply for and register trademarks for “奥利给(Ao Li Gei in Chinese)” as well as “奥力给(Ao Li Gei in Chinese) ”. Afterwards, they started using these trademarks on their own cookies and wafers, and conducting large-scale sales. These products were not only sold in some small and medium-sized convenience stores, but also quickly entered high-end convenience stores and chain supermarkets like 7-11, BHG, and Tesco, as well as major online sales platforms such as TMall, JD, and PDD.

Consumers brought this product to the attention of Mondelēz China, a member of the Mondelēz International group of companies, due to the confusing similarities of the AO LI GEI products to its OREO products.  Let's take a look at the comparison pictures of the two products.

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From the brands, to the cookie device, packaging, and other aspects, there are many similarities between the two products, making it easy for consumers to mistakenly think that “奥利给” / “奥力给” (Both are “Ao Li Gei” in Chinese) brand is one of OERO’s sub-brands, or like the well-known Asian artist Jackson Wang, mistakenly believe that the providers of the two products are related. However, neither of them are the fact.Second, as for the amount of damages, the court determines that Senyi and Mei Sa Jia Shi Da shall burden the damages and reasonable expenses at the amount of CNY 700,000 by taking into consideration factors including 1) IGB’s trademarks have high reputation; 2) the sale of the infringing products are sold both online and offline and sale territory is wide; 3) the sale volume of the infringing products is relatively big; 4) the proportion of the infringing trademarks on the infringing products is relatively large and their font is relatively extensive, which will greatly affect consumers’ choice; and 5) the subjective bad faith of Senyi and Mei Sa Jia Shi is relatively obvious. 

After the court judgment, Senyi and Mei Sa Jia Shi Da finally decided not to appeal and complied with the first-instance judgment. In this trademark infringement battle between 奥利奥 (OREO in Chinese) and 奥利给 (Ao Li Gei in Chinese), 奥利奥 (OREO in Chinese) has always been the more powerful contender and ultimately emerged victorious. Not only did it successfully combat the egregious trademark infringement behavior in this case, but it also strongly and vigorously protected its own and the legitimate rights and interests of consumers at large.