With the rapid growth of digital marketing, e-commerce platforms, and social media, corporate brand promotion has become increasingly diversified. While channels such as online advertisements, short videos, live streaming, and social media campaigns provide businesses with new opportunities to engage with consumers, they have also become areas with heightened intellectual property (IP) risks. In recent years, companies have faced increasing disputes involving trademarks, marketing materials, IP-related elements, and promotional content. These disputes may not only result in financial losses but also cause reputational damage.
Recent cases highlight the compliance challenges businesses may encounter in their marketing activities. For example, the trademark infringement dispute between Louis Vuitton and Molly Tea/茉莉奶白 demonstrates that even companies operating in different industries may face infringement risks where the use of similar trademarks or visual elements could create an association or confusion among consumers. The dispute involving HONOR’s e-commerce accessories further highlights the importance of carefully distinguishing between legitimate product descriptions and the improper use of brand names or keywords to attract traffic. In addition, the unfair competition case involving Pop Mart and Nayuki’s Tea/奈雪的茶 shows that the unauthorized use of commercially valuable character images, names, or visual elements in marketing campaigns can attract unfair competition claims in addition to trademark and copyright claims.
These cases reflect several emerging trends in corporate IP risk management. First, risk exposure is expanding across various business scenarios. In addition to traditional product packaging and trademark usage, online advertisements, e-commerce pages, social media content, and digital campaigns may all become sources of disputes. Second, risk responsibility is becoming increasingly complex. Improper actions by distributors, third-party operation agencies, marketing suppliers, or other business partners may also expose companies to potential liabilities. Third, the impact of IP disputes is becoming broader, as companies may face not only legal consequences but also public relations challenges and damage to brand value.
To address these evolving risks, companies should integrate IP compliance into their daily marketing processes. Before launching promotional materials, businesses should establish review procedures to verify the lawful use of images, videos, fonts, music, and other IP-related elements, while maintaining proper authorization records. Companies should also strengthen control over marketing language to avoid statements that may mislead consumers or improperly leverage competitors’ brand reputation. When companies cooperate with distributors, marketing agencies, or content creators, contractual arrangements should clearly define IP responsibilities and liability allocation.
IP protection is no longer solely a legal function but also an essential component of brand management and business operations. By implementing proactive review mechanisms, authorization management, and risk response procedures, companies can better protect their brand assets while achieving a balance between marketing innovation and compliance.
By Linda Yang, Senior Consultant