## Facts

- In 1958, Zhao Jikang obtained a copyright in a screenplay titled *Five Golden Flowers*.
- The screenplay was made into a movie released in 1959.
- In 1983, Quijing Cigarette Plant sought to register “Five Golden Flowers” as a trademark for a brand of cigarettes.
- Zhao sued Quijing in the Kunming City Intermediate People’s Court, alleging (1) copyright infringement and (2) unfair competition based on Quijing’s use of the title.
- The Kunming City Intermediate People’s Court considered both theories but ruled against Zhao on both claims.
- Zhao appealed to the Yunnan Province Higher People’s Court, which issued Civil Judgment No. Yungaominsanzhongzi 16/2003 (2003).

## Issues

1. Whether Quijing’s use and attempted registration of the title “Five Golden Flowers” as a cigarette trademark infringed Zhao’s copyright in the *Five Golden Flowers* screenplay.
2. Whether Quijing’s use of “Five Golden Flowers” for cigarettes constituted unfair competition based on the movie’s reputation and an asserted implication of association with Zhao’s work.

## Decision

- The Yunnan Province Higher People’s Court ruled for Quijing Cigarette Plant and rejected Zhao’s claims.
- The court concluded that Zhao did not establish copyright infringement based on Quijing’s use of the title as a trademark.
- The court concluded that Zhao did not establish unfair competition on the facts presented.

## Legal Principles

- Copyright protects original expression in a copyrighted work; a claim based only on the use of a work’s title (without copying protected expressive content) generally does not establish infringement.
- A title or short phrase, standing alone, is commonly treated as insufficient to support a copyright claim independent of the underlying work.
- Unfair-competition liability generally requires proof that the challenged designation causes, or is likely to cause, consumer confusion or a mistaken belief of source, sponsorship, or affiliation; merely invoking a well-known cultural reference is not enough without such a showing.

## Conclusion

In *Zhao Jikang v. Quijing Cigarette Plant*, the Yunnan Province Higher People’s Court upheld judgment for the cigarette manufacturer, holding that Zhao failed to prove that Quijing’s use and attempted trademark registration of “Five Golden Flowers” for cigarettes infringed Zhao’s screenplay copyright or constituted unfair competition.


Zhao Jikang v. Quijing Cigarette Plant, Civil Judgment No. Yungaominsanzhongzi 16/2003 (2003)