This traditional food, made of flour mixed with lard, southern milk, sugar and other ingredients, looks like a golden butterfly and is commonly known locally as "Bengsha" (Shunde calls butterflies "Bengsha"

Daliang Shasha - also very well-known, together with blind man cake and Xiqiao pancake, can be called the three "souvenir" specialties of Foshan. It is made by mixing flour with lard, southern milk, white sugar and other ingredients and frying it. The food is shaped like a golden butterfly. Shunde people commonly call butterflies "瞞沙", hence the name. It was first made at the Chengji Old Shop outside the east gate of the county during the Qianlong period of the Qing Dynasty. It was originally a crispy and hard slice, but was later improved by Li Xiji and the flavor was improved. Sweet and crispy, moderately salty and sweet, the varieties include oyster sauce, shrimp paste, terminalia nut, southern milk, etc. Most of the current preparations use ordinary flour as the main ingredient (the refined flour has strong gluten and is fried. (not loose, not suitable), mix in southern milk, oil, sugar and water, the proportion is: 500g flour, 32g southern milk, 16g peanut oil, 172g white sugar, half a tablespoon of alkaline water, 7.8g refined salt, stink powder 0.3 grams, 0.6 grams of food flour, 78 grams of water. After kneading into dough, cut into pieces and knead to shape, then put into peanut oil pot and simmer over low heat

The following is the content of the Information Times of Guangzhou Daily Group, which includes The Court's Determination

Since ancient times, Shunde has been a well-known and prosperous place. The locals like to use local products to cook carefully, and their overall cooking skills are quite high. By the beginning of this century, they worked as chefs in Guangzhou, Hong Kong, Macao and Southeast Asia. The number of Shunde people is increasing day by day, and Shunde cuisine is gradually becoming famous outside the country, and it has gradually become a saying that "eat in Guangdong, cook in Fengcheng"

Among the colorful traditional Shunde dishes, there are some. Jinbang milk from the Ming Dynasty is salty and sweet; there is Daliang double-skin milk from the Qing Dynasty, which is sweet and tender; there are also Fengcheng fish skin dumplings from the Qing Dynasty, which can be steamed or pan-fried... and have become a hot topic between cousins. The grievance is one of Shunde's traditional famous snacks - Daliang Bengsha.

Daliang "Li Xiji" Bengsha, a time-honored brand in Shunde with a history of more than 170 years, is famous for its unique color and fragrance. This traditional food is made of flour mixed with lard, southern milk, sugar and other ingredients. It looks like a golden butterfly and is commonly known as "Bengsha" locally (Shunde calls butterflies "Bengsha"). It was created in Qianlong of the Qing Dynasty. The old shop "Chengji" outside the east gate of Shunde County in 1979 originally made crispy and hard slices. Later, "Li Xiji" painstakingly researched and improved them. The flavor is sweet, crispy, moderately salty and sweet, and the varieties include oyster sauce, shrimp paste, and terminalia nuts. , Nanru, etc. Nowadays, tourists mostly taste Nanru Bengsha. It is understood that although Bengsha is just an inconspicuous snack, it has become an everlasting highlight in the local food culture. When eating Bengsha, many people will choose "Li Xiji" without hesitation.

Those who have been to Daliang Town, Shunde, will find a strange phenomenon if they pay close attention: almost everyone has "Li Xiji". There must be another Bengsha store with the brand name of "Li Xiji" next door or not far away.

In the new Qinghui Garden, one of the four famous gardens in Guangdong Opposite Jingmen, there are two Bengsha shops located right next to each other, separated only by a wall. People who don't know the inside story often think that they are two shops in one shop, but the two plaques on the door beams of the shops clearly show that they are two shops. Although the plaques both have "Li Xiji Bengsha Shop" printed in large gilded characters, the size and background color of the plaques are almost exactly the same! But as soon as someone approaches, people will rush out from both stores. The enthusiasm of greetings makes people feel at a loss. With one word and one word, they rush to introduce themselves as the authentic Li Xiji Daliangbeng. sand.

Locals told reporters that the fault was all caused by Bengsha. Good cousins, fighting openly and secretly just for the name of a brand, got into a lot of trouble. When they got serious, they even fought with each other with fists and kicks, which often made diners angry. They are all in trouble, and I don’t know who should be praised. It is understood that the bosses of the two companies are Li Xxiong, Li Xyuan, and Li Xhui. Both parties are direct fifth-generation great-great-grandsons of Li Xi. They are cousins ??and share the ancestral business.

Foshan Intermediate Court’s explanation is that Bengsha was first created during the Qianlong period of the Qing Dynasty. It was later developed and improved by Li Xi and his successors and became a famous specialty. “Li Xiji Store” has also become a famous specialty in Guangdong, Hong Kong and Macao. Well-known old store. As a descendant of Li Xi, the plaintiff Li Xiong registered the "Li Xiji Store" at the Industrial and Commercial Office of Daliang Town, Shunde in 1989, received a business license and started operating.

Defendants Li × Yuan and Li × Hui's father Li contacted the Li Xi tribe and began to inherit and use the "Li Xi Ji" trade name to sell food as early as the 1930s, and registered the "Li Xi Ji Joint Store" with the Shunde County Industrial and Commercial Bureau in accordance with the law. ", "Li Xiji Hui Store", etc. For the convenience of consumers, members of the Li Xi family opened stores and operated independently at different times and in different regions. This inheritance and use of the "Li Xiji" brand name has become a common practice and has always been followed by the family members.

Therefore, the court determined that "Li Xiji", as a time-honored brand with more than 100 years of history, its commercial reputation and commercial value were not only founded by Li Xi himself, but were inherited, carried forward, improved and innovated by the Li Xi people for decades. The results should not be unique to any one of them. Plaintiff Li × Xiong can inherit and use the Li Xijie trade name, but defendants Li × Yuan and Li × Hui cannot be prohibited from using the Li Xiji trade name.

After the first instance, the plaintiff Li × Xiong refused to accept the judgment and appealed to the Guangdong Provincial High Court.

Episode 5: The brothers’ lawsuit escalated again and the original judgment of brotherhood was upheld

In early September this year, the Guangdong Provincial Higher People’s Court heard the case and made a judgment to uphold the original judgment. The two levels of courts also successively clarified that this case was not a "trademark infringement" case.

The Provincial High Court held that: Shunde Daliang Bengsha Food was founded during the Qianlong period of the Qing Dynasty. It was later carried forward and improved by Li Xi, a man from Daliang, and his descendants, making the "Li Xiji" Bengsha Shop famous. There are many long-established and famous stores in Guangdong, Hong Kong and Macao. "Li Xiji" is a well-known trade name in Shunde rather than a company name. Li Xxiong registered "Li Xiji" as a trade name in the industrial and commercial registration, and obtained a business license containing this trade name. Individual industrial and commercial household name rights. However, if it is determined that the defendant’s use of the “Li Xiji” trademark is an infringement just because the appellant has obtained the right to name the trademark, it is inconsistent with the fairness, good faith and credibility stipulated in China’s General Principles of Civil Law and the Anti-Unfair Competition Law. principle.

After a collegial process, the Guangdong Provincial High Court rejected Li Xxiong’s appeal in accordance with the law and upheld the first-instance judgment of the Foshan Intermediate People’s Court. At this point, the "infringement lawsuit" that caused the cousins ??to turn against each other and eventually go to court to obtain the right to inherit and use the time-honored brand has finally come to an end.

However, according to the reporter’s understanding, the fair judgment of the law has been unable to repair the emotional rift between the cousins. To this day, they still look at each other with cold eyes and become strangers. This has to be regretted and regretted.