You see, there is a very thin line separating clever and notorious. And the same works for marketing as well. A clever deceptive marketing tactic may enable a brand to take off, but in the end, if customers catch it, you won't be spared! Because ultimately, the customer is the only real boss. And as Milton Hershey quotes -- In August 1997, Yangcheng Tonic Factory assigned the WANG LAO JI trademark to Guangzhou Pharmaceutical Holding (GPH), which continued the production and sale of the herbal tea in the green container.

And what better way to look at the numbers than comparing them with those of the competitors’, to gain a deeper understanding of the social landscape, right?By using such vague terms as "shall provide . . . the trademark" or "[t]he trademark is part of the assets of the company", to describe its investment in the joint venture, Tencel opened the door for the joint venture to argue that the ownership of the trademark had, in fact, been transferred. Red Bull is paying out a settlement to disgruntled customers who believed the popular energy drink would—as its advertising suggests—give them wings.

Consequently, from 1998 onwards, the two companies, GPH and JDB, were producing the same product using the same trademark, WANG LAO JI, but were selling the tea in very different containers: the green container and the red can. Starting in 2003, JDB invested heavily in placing Wang Lao Ji commercials on television channels during prime time, and the red can herbal tea became famous in China.All in all, the numbers can indicate the more successful social media strategy only up to some extent.

The Red Bull case confirms the principle that the goodwill attached to a trademark cannot be separated from the trademark right, and that, at the end of a licence, no compensation is due to the licensee.

Featuring videos of professional athletes and sports enthusiasts engaged in extreme sports sessions and stunts, Red Bull’s TikTok strategy is entirely centered around the concept of storytelling. @redbull Replying to @user094488082 no doubt we'd have a 5-star rating 🤘 #redbull #givesyouwiiings #f1 #uber #ride ♬ original sound - Red Bull This leads to the same conclusion as in the Red Bull case: if the owner of the WANG LAO JI trademark, when signing the licence agreement, had specified that all rights attached to the trademark, including the red can, were to return to the licensor at the termination of the agreement, litigation might have been avoided. The application was an attempt to restrain PepsiCo from using the tagline “STIMULATES MIND. ENERGIZES BODY.” in relation to Pepsi’s energy drink “STING”, which according to Red Bull was deceptively similar to their aforesaid trademarked tagline.