Beijing Daoxiangcun v. Beijing Sudao Food Industry Co., and Suzhou Daoxiangcun

1606 is a trademark litigation case in China involving the name of a very popular brand of moon cake and highlights the criteria applied by Chinese courts to interim injunctions.

Both companies have long produced moon cakes branded as Daoxiangcun (稻香村, “village with fragrant rice paddies”) and both have registered the term as a trademark, in different product categories - Suzhou Daoxiang in 1982 and Beijing Daixiang in 1997.

[1] In 2006, Suzhou Daoxiang applied to the State Administration for Industry and Commerce (SAIC) to register a trademark including the phrase Daoxiangcun.

[1] On 22 September 2017, a judicial panel consisting of Zhang Xiaojin, Cui Ning and Liu Yijun granted an interim injunction because the applicant was urgently facing irreparable damage.

Therefore, if the respondent is not ordered to immediately stop the case, it will have a serious impact on the applicant's market share and will cause irreparable damage to its interests.