Scenario: Food company “NGON” finds a competitor launching a similar product with lookalike packaging: same green-yellow palette, similar layout, a one-letter-different brand (“NGON” vs “NGOM”). Customers buy by mistake. The competitor argues “different packaging, no trademark violation”. Which way to sue?
1. Three parallel routes: pick the strongest
(a) Unfair competition under Competition Law 104/2018/QH14 (Article 45) – using commercial indications causing confusion: lookalike packaging confusing customers about product origin is the textbook case. Advantage: no IP registration proof needed – only confusion and damage. (b) Trademark infringement: if “NGOM” counts as confusingly similar to registered mark “NGON” – IP infringement suit. (c) Industrial-design infringement: if “NGON”‘s packaging holds a registered design, copying the packaging shape may infringe. Practice: unfair-competition suits are usually the fastest, most effective when confusion is clear.
2. Evidence: proving “confusion” is pivotal
The suit’s core is customer confusion – gather: (a) visual comparison: side-by-side photos/videos showing similarity (colours, layout, fonts); (b) actual-confusion proof: mistaken-purchase complaints, confused marketplace reviews, “why is the quality different” messages; (c) market surveys (if feasible) on confusion rates; (d) trademark/design registration certificates (for routes b, c); (e) revenue-decline data after the copycat launch. Notarise everything.
3. Roadmap: warn – complain – sue
(1) Warning letter via counsel demanding cessation of confusing packaging within a deadline (usually 14-30 days) – many cases end here. (2) If uncooperative: complain to the National Competition Commission on unfair competition, and/or sue in court for: cessation, recall/destruction of infringing packaging, damages, public correction. (3) Keep watching the market – the competitor may switch to a “differently copied” design post-suit.
Frequently asked questions
Can I sue over “lookalike” packaging with a different name?
Yes – via unfair competition (Competition Law Article 45: confusing commercial indications). No IP registration proof needed; only customer confusion about product origin and damage.
Unfair competition or trademark infringement?
Depends on evidence. Clear confusion makes unfair-competition suits faster and more effective (no registration proof). With registered marks/designs and clear similarity, IP suits may yield higher damages. Both can run in parallel.
How long until results?
Warning letter: 14-30 days. Competition complaint/lawsuit: months to over a year depending on complexity. For fast-moving consumer goods, emergency measures (warning + immediate cessation demand) matter as much as the final judgment.
This article is pending review by the QA Council before publication.
Frequently Asked Questions
Can I sue over ‘lookalike’ packaging with a different name?
Yes – via unfair competition (Competition Law Article 45: confusing commercial indications). No IP registration proof needed; only customer confusion about product origin and damage.
Unfair competition or trademark infringement?
Depends on evidence. Clear confusion makes unfair-competition suits faster and more effective (no registration proof). With registered marks/designs and clear similarity, IP suits may yield higher damages. Both can run in parallel.
How long until results?
Warning letter: 14-30 days. Competition complaint/lawsuit: months to over a year depending on complexity. For fast-moving consumer goods, emergency measures (warning + immediate cessation demand) matter as much as the final judgment.
This article has been quality-reviewed by the FLAW AI Legal Council
