Rush Rich Winery rejects accusations of copying Penfolds’ branding, lodges its own court action

THE Norwood company accused of copying Penfolds’ branding to sell wines in China says it has filed a cross claim and will strongly contest suggestions of copyright infringement.

THE Norwood company accused of copying Penfolds’ branding to sell wines in China says that it has filed a cross claim and will strongly contest suggestions of trademark infringement.

Australia Rush Rich Winery, which is operated by Vincent Zhao, said it was “shocked and disappointed to have been described as a ‘copycat’ operator supplying ‘fake’ wine to China’’.

“There is no similarity in design between our wine labels and that of Penfolds,” it said.

“Our product range does not in any way resemble the Penfolds’ range.’’

The dispute revolves, in part, around the use of Chinese characters which Penfolds says spell out the Chinese sounds of its name – ben fu.

Penfolds has been using the Ben Fu branding in China since before Rush Rich was established in April 2016. But Rush Rich says it holds the right to use these characters in China.

“We are an original equipment manufacturer (OEM) and when we began, our main client in China was the owner of the trademark, translated directly as: Rush Rich Winery, in China,’’ Mr Zhao said.

“This is the main reason why we chose “Rush Rich” to be the company’s name.

“Treasury Wine Estate’s trademark infringement claims, contrary to the picture that has been painted in the media, revolve around the use of the Chinese characters on the Chinese small label on the back of our wine bottles, which is a direct translation of our company name ‘Rush Rich Winery’.

“These Chinese characters have been trademarked in China and we have been authorised by the holder of the trade mark in China to use it on products exported to China.

“We reject, in the strongest terms, Treasury Wine Estate’s assertion that we have infringed any trademark held by Treasury Wine Estates and will contest this vigorously in the Federal Court.

“We have also filed a cross claim in the Federal Court against Treasury for misleading or deceptive conduct arising from statements made by Treasury . . . which incorrectly asserted that certain adverse findings of the Australian and Chinese Trade Marks Offices were made against our company and are seeking orders for declaratory relief and damages.

“Our business is growing at a rapid rate and we have contracts in place to export millions of litres of South Australian wine to China.’’

One of Rush Rich Winery’s labels.

Treasury said in February it believed Rush Rich was buying bulk wine and then exporting it “under labels that copy the look of Penfolds wines’’.

Yesterday it added: “Treasury Wine Estates remains strong in its position that it is the rightful legal and beneficial owner of the Penfolds Chinese character mark, and the related BEN FU word mark in both China and Australia.

“TWE is also confident that it will succeed in its claims of infringement against Rush Rich group’s unauthorised use of these trade marks in relation to wine, and that it will be successful in defending the recent counter-claim made by Rush Rich. TWE looks forward to the matter being determined by the Federal Court of Australia.’’

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