Those who have been to the “Li Xiji” mortar shop in Daliang Town, Shunde, as long as they pay careful attention, they will find a strange phenomenon: most of the mortar shops with the “Li Xiji” brand name, Next door or not far away there must be another Lesha shop also bearing the name "Li Xiji".
Opposite the Xinjing Gate of Qinghui Garden, one of the four famous gardens in Guangdong, there are two Shasha 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 the same shop, but The two plaques on the door beam of the shop clearly show that they are two companies. Although the plaques both have "Li Xiji Clay 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 greeting makes people feel at a loss. With one word and one word, they rush to introduce themselves as the authentic Li Xiji Daliang Lesha.
The bosses of the two companies are the direct fifth-generation great-great-grandsons of Li Xi. They are cousins ??and share the ancestral business of running Lesha.
Foshan Intermediate Court’s explanation is that the mortar 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 registered the "Li Xiji Store" at the Industrial and Commercial Office of Daliang Town, Shunde in 1989, received a business license and started operating. The defendant and his father are members of the Li Xi tribe. As early as the 1930s, they began to inherit and use the "Li Xiji" brand name to sell food, and registered "Li Xiji Joint Store" and "Li Xiji" with the Shunde County Industrial and Commercial Bureau in accordance with the law. Huidian" 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. The plaintiff can inherit the use of the Li Xiji trade name, but cannot prohibit the defendant from using the Li Xiji trade name.
After the first instance, the plaintiff was dissatisfied with the judgment and appealed to the Guangdong Provincial High Court.
In early September 2008, the Guangdong Provincial Higher People's Court heard the case and made a judgment upholding the original verdict. 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 continued 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. The plaintiff registered "Li Xiji" as a trade name in the industrial and commercial registration and obtained an individual industrial and commercial license containing this trade name. Account title. 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 discussion, the Guangdong Provincial High Court rejected the plaintiff’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.