Taiwan Suntory’s “PRIME BLUE” whisky products, which have unique slender hexogen glass bottles with packages featuring in dark blue background color and golden or white color wording with border in black color, are found by the Intellectual Property Court to be a well-known trade dress to the general consumer public, based on market survey reports. The bottles and packaging of Duke Blue WHISKY, manufactured and distributed by General Biotech Winery Co., Ltd. (“GBWCL”), are similar to the trade dress of PRIME BLUE and constitute confusion. The Intellectual Property Court ruled that GBWCL violated the Fair Trade Act and should indemnify Taiwan Suntory in the amount of NT$1.5 million. The court also prohibited GBWCL to sell, distribute, import and export the said Duke Blue WHISKY products and required GBWCL to recall all imported and manufactured products and all related catalogs or advertisements.
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