Recently, the Jiangsu High Court issued a second-instance judgment regarding the trademark infringement and unfair competition case between Yuanqisenli’s “外星人Alien” electrolyte water and Xizhimiao’s “火星人Martian” electrolyte water, upholding the Wuxi Intermediate Court’s decision that trademark infringement and unfair competition is constituted and compensation of CNY 2 million shall be paid.
The court held that the sign of “火星人Martian” electrolyte water that prominently used on the accused infringing products was similar to that of “外星人Alien Electrolyte Water” used by Yuanqisenli. This objectively could easily lead the relevant public to confuse or misidentify the source of the goods. Comments from consumers on e-commerce platforms had also directly confirmed that the accused infringing products caused confusion and mistaken purchases of Yuanqisenli’s product. Therefore, the accused infringing products also constituted an infringement of Yuanqisenli’s registered trademark No. 49290733 “外星人” (Alien).
Regarding packaging and decoration with certain influence, the court determined that since Yuanqisenli began selling the “外星人” (Alien) brand in June 2020, it had conducted extensive advertising and promotions, including hiring celebrity endorsements and sponsoring events. The “外星人Alien Electrolyte Water” had received multiple awards and honors, and articles published by various media outlets showed that “外星人Alien Electrolyte Water” held a relatively high market share in the electrolyte beverage industry. This series of evidence was sufficient to prove that the packaging and decoration of the “外星人Alien Electrolyte Water” product had a certain influence.
Consequently, the Jiangsu High Court rendered the above judgment. (Febr. 5, 2026, IPcode)
The court held that the sign of “火星人Martian” electrolyte water that prominently used on the accused infringing products was similar to that of “外星人Alien Electrolyte Water” used by Yuanqisenli. This objectively could easily lead the relevant public to confuse or misidentify the source of the goods. Comments from consumers on e-commerce platforms had also directly confirmed that the accused infringing products caused confusion and mistaken purchases of Yuanqisenli’s product. Therefore, the accused infringing products also constituted an infringement of Yuanqisenli’s registered trademark No. 49290733 “外星人” (Alien).
Regarding packaging and decoration with certain influence, the court determined that since Yuanqisenli began selling the “外星人” (Alien) brand in June 2020, it had conducted extensive advertising and promotions, including hiring celebrity endorsements and sponsoring events. The “外星人Alien Electrolyte Water” had received multiple awards and honors, and articles published by various media outlets showed that “外星人Alien Electrolyte Water” held a relatively high market share in the electrolyte beverage industry. This series of evidence was sufficient to prove that the packaging and decoration of the “外星人Alien Electrolyte Water” product had a certain influence.
Consequently, the Jiangsu High Court rendered the above judgment. (Febr. 5, 2026, IPcode)