Aesop Sues 7 Chinese Companies Over Packaging Copycat -- What Every Foreign Brand Owner Needs to Know

On October 15, 2026, Australian skincare brand Aesop filed an unfair competition lawsuit against seven Chinese companies linked to the domestic brand AMAXY -- all over packaging that looks strikingly similar to Aesop's iconic amber-bottle design. The case, scheduled for hearing on November 12, 2026 at the Shanghai Fengxian District People's Court (Case No. (2026) Hu 0120 Min Chu 11452), exposes a legal weapon that most foreign brands in China don't know exists: product packaging protection under China's Anti-Unfair Competition Law.

This is not just another trademark dispute. The real question is whether the visual design of your product -- the bottle, the label, the color scheme -- can be legally protected in China even without a design patent or a registered trademark on the packaging itself.

It can. And if you are selling products in China or manufacturing there, this matters more than you probably realize.

Aesop vs. AMAXY: The 60-Second Version

Aesop was founded in Melbourne in 1987 and acquired by L'Oreal in 2023 for $2.53 billion. If you have walked into a hotel lobby or a high-end department store anywhere in the world, you have seen their amber glass bottles with black pump heads and minimalist rectangular labels. The industry calls it "pharmacy aesthetics." For context on how L'Oreal's acquisition relates to brand value in China, see the analysis of the LV vs. Molly Tea case, where a Chinese court awarded a foreign brand RMB 10.3 million for trademark infringement.

AMAXY is a Chinese personal care brand registered in 2020. They sell hand creams, shampoos, and body lotions using the same visual combination: amber transparent bottles, black pump dispensers, and white rectangular labels with vertically arranged text. Their bestselling 75g hand cream has sold over 100,000 units on Tmall alone, priced at RMB 59 (about $9) -- compared to Aesop's equivalent at RMB 280 (about $42).

That is roughly one-fifth the price. And the packaging looks close enough that a casual shopper scrolling through Tmall at midnight might not notice the difference.

According to Jiemian News, Aesop's Australian operating entity EMEIS COSMETICS PTY. LTD. sued seven companies that together cover AMAXY's entire business chain -- from trademark holding and brand operations to contract manufacturing and e-commerce sales.

The legal claim: unfair competition through packaging and decoration imitation, under Article 6 of China's Anti-Unfair Competition Law (AUCL).

The Legal Weapon Most Foreign Brands Have Never Heard Of

Here is what most foreign brand owners know about IP protection in China: register your trademark with CNIPA. That is correct -- it is necessary. But it is not sufficient.

What most people miss is that China's Anti-Unfair Competition Law provides a separate, parallel layer of protection for product packaging and decoration. This is independent of trademark law. You do not need a design patent. You do not need a trademark on the packaging itself. What you need is proof that your packaging has built up enough recognition that consumers associate it with your brand.

Article 6 of the AUCL (revised October 2025, effective October 15, 2025) prohibits businesses from:

"Using, without authorization, any mark identical or similar to the name, packaging or decoration, etc. of another business entity's goods which has certain reputation" -- in a way that creates confusion, misleading consumers into believing that its own goods are the goods of another business entity.

In practice, the legal test comes down to three questions that courts actually ask:

1. Does your packaging have "certain reputation"? This is the threshold that trips up most plaintiffs. The packaging must be recognized by consumers as associated with your specific brand. The good news: you do not need nationwide fame. Regional or category-specific recognition can suffice. The bad news: "certain reputation" is harder to prove than it sounds, and the evidence bar has been rising in recent years.
2. Is there "overall visual similarity"? Courts compare the overall impression, not individual elements. An amber bottle by itself is not protectable -- hundreds of brands use amber bottles. A black pump by itself is not protectable either. But the specific combination of amber bottle + black pump + rectangular label in a particular layout and proportion? That can be protectable as a unified visual identity.
3. Would an ordinary consumer be confused? The test is whether a consumer paying normal attention would mistake one product for the other, or assume there is a connection between the two brands. This is assessed from the perspective of the relevant consumer group, not an IP lawyer scrutinizing side-by-side comparisons.

Trademark vs. Packaging Protection -- Know the Difference

Trademark registration protects your brand name and logo. Packaging protection under the AUCL protects the visual appearance of your product -- the bottle shape, color scheme, label design, and overall look and feel. These are separate legal rights with separate enforcement paths. Comprehensive brand protection in China requires both.

Aesop Already Won This Fight Once (And the Precedent Is Powerful)

This is not Aesop's first packaging lawsuit in China. In 2023, Aesop sued a Chinese brand called ANRUZ for using nearly identical brown bottles, black caps, and black-and-white labels on its personal care products. That case took a dramatic turn and produced a precedent that directly affects the current AMAXY dispute.

Aesop lost at first instance. That should tell you something: packaging protection cases are not slam dunks, even for a globally recognized brand. The first-instance court said the packaging was "too simple" to be distinctive -- a defense that copycat brands raise in every single case.

But the appellate court reversed. According to the judgment (Case No. (2024) Yue 03 Min Zhong 15094):

• Aesop's packaging had been recognized by Chinese consumers since at least 2006 -- long before Aesop officially entered the Chinese market in 2022. Recognition came through media coverage, cross-border e-commerce purchases, and consumer discussions on social platforms. This is a critical point for foreign brands: your packaging can acquire reputation in China before you officially enter the market.
• The combination of elements -- brown bottle + black cap + black-and-white label -- created a distinctive visual identity that consumers associated specifically with Aesop. No single element was protectable on its own. The combination was.
• ANRUZ's argument that "many brands use similar packaging" was rejected because those other brands' filings all post-dated Aesop's established recognition in China. In other words: being first matters, even under the AUCL.
• The court ordered ANRUZ to stop production and sales of the infringing products and pay Aesop RMB 600,000 (approximately $90,000 at the October 17, 2026 exchange rate of 1 USD = 6.6908 CNY) in damages and legal costs.

What This Means for the AMAXY Case

The ANRUZ precedent established that Aesop's packaging qualifies as "packaging/decoration with certain influence" under Chinese law. That gives Aesop a significant evidentiary advantage -- the court has already confirmed the legal protectability of this specific design language. But the AMAXY case is not automatic. AMAXY has introduced design differences: a black horizontal band on the label, different font choices, different label proportions. The court will need to determine whether these differences are enough to avoid consumer confusion. Packaging copycat cases in China often turn on these small details -- and the outcome is rarely predictable until the judgment drops.

This Is Happening to Everyone -- Not Just Aesop

In September 2026, Japanese cosmetics giant Shiseido sued German discount retailer ALDI over a RMB 24.9 (about $4) isolation cream that allegedly copied the packaging of Shiseido's premium brand CPB, which retails at RMB 540 (about $81). According to 36Kr, this was not ALDI's first packaging dispute -- the company has faced similar lawsuits in Australia, the UK, and the US.

But China is different from those other jurisdictions in one important way: the supply chain for copycat packaging is right there. A search on Alibaba's international platform reveals Guangzhou packaging suppliers selling amber pump bottles explicitly marketed as "Aesop-style," priced at $0.36 to $0.49 per unit with a minimum order of 500 pieces. For a new brand looking to launch quickly and cheaply, borrowing the visual codes of an established brand is the path of least resistance.

The copycat does not even need to be deliberate. Many Chinese manufacturers simply assume that if a packaging style is popular internationally, it is free to use. They do not realize -- or do not care -- that China's own Anti-Unfair Competition Law can be used against them.

This trend of packaging-related disputes is accelerating as China's revised Trademark Law (effective January 1, 2027) introduces stronger protections for brand owners, including expanded well-known mark recognition and ex officio cancellation powers. The regulatory environment is shifting in favor of brand protection, and the courts are paying attention.

What You Should Do -- From Someone Who Has Seen This Go Wrong

If your brand sells products in China, manufactures there, or plans to enter the market, here is the framework. Not the theoretical framework -- the practical one.

1. Register Your Trademark in China (Yes, Again, Because It Really Is That Important)

China operates a first-to-file trademark system. This is not a suggestion -- it is the foundation of every IP enforcement action you can take in China. Without a registered trademark, the AUCL packaging protection argument becomes significantly harder to make, because the court will ask: "If your brand is so well-known, why didn't you register the trademark?"

Learn the complete process in the step-by-step guide to registering a trademark in China. A trademark registration with CNIPA costs approximately $297 per class through Logo China Pro's Filing package. That covers the prior art search, application preparation, and submission. Most applications are filed within 5 business days.

2. Start Documenting Your Packaging's "First Use" in China -- Today

The ANRUZ case turned on one fact: Aesop's packaging was recognized in China since 2006, despite the brand not officially entering the market until 2022. The evidence? Media coverage, cross-border purchasing records, online consumer discussions, social media mentions.

If your packaging has been visible to Chinese consumers through Tmall Global, JD Worldwide, Xiaohongshu, Douyin, or any other channel -- start collecting and timestamping that evidence now. Screenshots, sales records, media mentions, consumer reviews, influencer posts. All of it counts. The question is never "do you have enough evidence?" It is "will the court accept this particular piece of evidence?" And the answer to that depends on how well you documented it at the time.

3. Consider a Design Patent for Distinctive Packaging

AUCL packaging protection is powerful but it has a weakness: you must prove "certain reputation," which takes time and evidence. A design patent filed with CNIPA provides stronger, more immediate protection for distinctive packaging shapes and ornamental designs. No reputation required -- the patent itself is the proof of protectability.

The two protections are complementary. A design patent gives you immediate, registration-based protection. AUCL protection gives you broader, reputation-based coverage that can evolve as your brand grows. Using both is the smart play.

4. Monitor the Market Before the Copycats Scale Up

AMAXY had already sold 100,000+ units before Aesop took legal action. At that point, the copycat brand has already built its own customer base, its own reviews, and its own distribution channels. Sending a cease-and-desist letter to a brand with 100,000 sales is very different from sending one to a brand with 100 sales.

Regular monitoring of Tmall, JD.com, Pinduoduo, 1688, and Douyin for packaging lookalikes is not optional if you are serious about brand protection in China. The earlier you detect a copycat, the cheaper and faster the resolution.

5. Build the Full IP Protection Stack

Here is what comprehensive brand protection looks like in practice:

• Trademark registration -- protects brand name, logo, and word marks. The non-negotiable baseline.
• Design patent -- protects distinctive packaging shapes and ornamental features. Immediate protection, no reputation required.
• Copyright registration -- protects original artwork, label illustrations, and graphic designs. Often overlooked, surprisingly useful.
• AUCL packaging protection -- protects the overall look and feel once reputation is established. Your safety net when the copycat changes individual elements but keeps the overall vibe.
• Customs IP recordation -- enables border seizure of counterfeit goods. Costs just RMB 800 (about $120 at current exchange rates) for 10 years of nationwide coverage. See the full guide to China Customs IP recordation.

Each layer costs money. But each layer also makes the next enforcement action cheaper and faster. Brands that invest in the full stack rarely need to go to court -- the combination of trademark, design patent, and customs recordation is usually enough to make copycats move on to an easier target.

The Real Cost: $197 Today vs. $90,000 Later

The math has not changed. Registering a trademark in China costs less than a business dinner. Litigating packaging infringement after the copycat has scaled up costs more than most small brands earn in a year.

And here is the part that most brand owners do not think about until it is too late: by the time you notice the copycat, they have already built their own brand equity. Their customers think the copycat packaging is the original. Their reviews are piling up. Their distribution channels are established. Removing them from the market becomes a legal battle, not a simple takedown request.

The Bottom Line

The Aesop-AMAXY case, scheduled for hearing on November 12, 2026, will test whether China's courts will extend packaging protection to a brand whose visual identity has been widely copied across the domestic market. The ANRUZ precedent suggests Aesop has a strong case. But precedents are not guarantees -- packaging copycat cases in China remain fact-intensive and outcome-uncertain.

What is certain is this: China does protect product packaging under the Anti-Unfair Competition Law. The legal framework exists and it is being actively enforced. But it only works if you have built the foundation -- starting with a registered trademark, supported by documented evidence of your packaging's recognition in the Chinese market.

Every day you wait is a day a copycat brand can build market share using your visual identity. The brands that win these cases are the ones that acted early -- not the ones that reacted after 100,000 units had already been sold.

Sources:

• Jiemian News
• IP Economy
• 36Kr
• WIPO Lex (AUCL text)