Wang Lao Ji's "red-green dispute" has finally come to a showdown.
The "red-green dispute" between Jiaduobao and Guangzhou Pharmaceutical Group has been raging again recently. Jianyi Wang, a direct descendant of Wang Laoji, the chairman of Hong Kong Tongxing Pharmaceutical Co., Ltd. and the new chairman of Wang Laoji Joint Venture, publicly told the media that he supports Jiaduobao Group, to which Wang Laoji belongs, and hopes to integrate Wang Laoji trademarks at home and abroad into Wang Laoji Pharmaceutical Co., Ltd. during his term of office. In this regard, GPHL insisted that it had sent a lawyer's letter of formal termination of authorization to Jiaduobao, the trademark user of Wang Laoji, at the end of last year. If it is necessary to renew the contract, it is necessary to talk about cooperation again. Where the red pot Wang Laoji goes is of concern. Behind Wang Laoji's "Red-Green Debate"
Behind the "Red-Green Debate" between GPHL and Jiaduobao, there are still interests at work. At present, the two sides are at a critical moment of the game. "GPHL does not really want to take back the trademark of Wang Laoji, but tries to achieve two purposes by means of' proposing to terminate the contract': one is to raise the rental price for continued cooperation, and the other is to expand the content of cooperation between the two parties, without excluding renting other herbal tea brands. The market participants believe that "even if it is really recovered, Guangyao can use the platform of Wang Laoji Pharmaceutical to further expand the herbal tea industry and finally achieve the goal of a big health industry." Wang Jianyi said that when Tongxing Pharmaceutical Co., Ltd. and Guangzhou Pharmaceutical Co., Ltd. (21.4,.2,.94%) jointly established Wang Laoji Pharmaceutical Co., Ltd., the two parties agreed to transfer the domestic and foreign Wang Laoji trademarks to the Wang Laoji joint venture, but GPHL "has never been able to implement it". Jianyi Wang hopes that during his term of office, he will "transfer the trademark of Wang Laoji at home and abroad to a joint venture as soon as possible, paving the way for Wang Laoji herbal tea to become an international beverage brand".
In this regard, Guangzhou Pharmaceutical said, "Tongxing Pharmaceutical made this request during the joint venture, but we did not agree." According to the above-mentioned insiders, according to the usual practice, the intangible assets will be stripped off first when a joint venture is established, and the intangible assets will not be put into the joint venture, because this involves the problem of how to divide the intangible assets after the cooperation is terminated. "After the listing of Guangzhou Pharmaceutical in 1997, the trademark ownership of all holding companies will be returned to Guangzhou Pharmaceutical Group, and it is impossible to put Wang Laoji's trademark into the joint venture separately for the joint venture in 24." The discussion of the board of directors was not announced
On the eve of the opening of the board of directors of Wang Laoji Pharmaceutical, Wang Laoji's direct descendant appeared to accuse Guangzhou Pharmaceutical of failing to perform the trademark transfer. However, according to industry insiders, Guangyao has set a big plan for the future development of the Wang Laoji brand, and the possibility of letting go is very small.
Recently, many media published soft advertisements in the name of Jianyi Wang, the chairman of Wang Laoji Pharmaceutical Co., Ltd. and a direct descendant of Wang Laoji, publicly accusing GPHL of failing to fulfill its promise to transfer the trademark of Wang Laoji to Wang Laoji Pharmaceutical Co., Ltd., but strangely, it was published on the eve of the board meeting of Wang Laoji Pharmaceutical Co., Ltd., making the dispute of Wang Laoji, which had cooled down before, once again become the focus of media attention. However, according to sources, Jianyi Wang's move has another purpose, that is, to exert pressure through the media to realize the control of Wang Laoji's trademark by Jiaduobao, an interest group behind it. However, at present, neither side will disclose any information about what resolution the board of directors made the day before yesterday.
However, I learned from other sources that the board of directors of Wang Laoji has 9 members, including 3 members of Guangyao, 3 members of Tongxing Pharmaceutical, and 3 independent directors including Mao Yunshi, a famous economics professor. Obviously, independent directors play a vital role in the voting of Wang Laoji Pharmaceutical.
Jianyi Wang chose to put pressure on Guangzhou Pharmaceutical by advertising soft articles at this time. In fact, there is another important reason. In March, Guangzhou Pharmaceutical handed over Baiyun Mountain and Huangherbal tea to Wang Laoji Pharmaceutical for distribution, which made Jiaduobao feel nervous. A person familiar with Wang Laoji revealed that Jiaduobao also wants to make bottled Wang Laoji, but there is no finished product yet. Once Wang Laoji Pharmaceutical began to distribute Baiyun Mountain and Huangherbal tea, it means that Wang Laoji Pharmaceutical soon cut into the bottled market. This incident made Jiaduobao feel that their control over Wang Laoji Pharmaceutical was gradually lost, which was also one of the topics of the board of directors the day before yesterday. The new authorization behavior of Guangzhou Pharmaceutical undoubtedly caused a resurgence of the trademark competition between Guangzhou Pharmaceutical and Jiaduobao. Jiaduobao told reporters that although the new Wang Laoji product launched by Guangliang Industry is not herbal tea, it is very similar in appearance to the red pot Wang Laoji and is suspected of infringement.
"Jiaduobao Group has always resolutely safeguarded the reputation of the entire Wang Laoji brand and the rights and interests of consumers. We have always been committed to promoting the entire century-old brand of China herbal tea to the world, so we will resolutely resist any infringement of Wang Laoji's rights and interests." The e-mail sent by Jiaduobao to reporters yesterday was stated. On the evening of May 11th, 212, Guangzhou Pharmaceutical Co., Ltd. announced in the Hong Kong Stock Exchange that according to the award of China International Economic and Trade Arbitration Commission on May 9th, 212, the Supplementary Agreement on Trademark License of Wang Lao Ji and the Supplementary Agreement on Trademark License Contract of Wang Lao Ji signed by GPHL and Jiaduobao's parent company Hongdao (Group) Co., Ltd. were invalid; Hongdao (Group) Co., Ltd. stopped using the trademark "Wang Lao Ji". The award is final and takes effect as of the date it is made.
On May 12, 212, Guangzhou Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Guangzhou Pharmaceutical Group") announced that according to the arbitration award of China International Economic and Trade Arbitration Commission, Guangzhou Pharmaceutical Group Co., Ltd. recovered the production and management rights of Hongdao (Group) Co., Ltd.' s red canned and red bottled Wang Laoji herbal tea. At this point, the dispute between Guangzhou Pharmaceutical and Hongdao Group, the parent company of Jiaduobao, about the trademark of Wang Laoji, which has aroused widespread concern in the food industry and even the society, has finally been settled.
It seems that Jiaduobao quietly changed its clothes.
According to the arbitration agent in charge of this case of GPHL, Hongdao Group signed two supplementary agreements on trademark use license with Li Yimin, the former senior executive of GPHL, through "abnormal means", which directly led to the loss of state-owned assets. He said that it was precisely because Hongdao Group violated Article 52 of the Contract Law that Hongdao Group lost the case.
Guangzhou Pharmaceutical currently reserves the right of recourse
On May 12, 212, the case agent of Guangzhou Pharmaceutical Group said in an interview with the Information Times reporter that "the right to investigate the illegal sales of Hongdao Group will be reserved, or recourse procedures will be initiated." According to public information, in 21 and 211, the sales of Wang Laoji in red cans reached 16 billion yuan to 18 billion yuan.
According to the agent, Guangzhou Pharmaceutical has three ways to pursue trademark infringement in the past two years. First, calculate the compensation according to the profits earned by Wang Laoji in the red jar; Second, according to the accounting standards for business enterprises, the compensation is calculated according to the sales of Wang Laoji, a red can; Third, according to industry practice.
according to international practice, the trademark use fee should be 5% of the sales. "Even Wang Laoji Pharmaceutical, a joint venture company affiliated to GPHL, has to pay a trademark use fee of 2.1% of sales every year. If Jiaduobao also gives Guangzhou Pharmaceutical 2.1%, it will pay 33 million yuan according to its sales of 16 billion yuan. "
It is revealed that from 2 to 211, the trademark use fee paid by Hongdao Group to GPHL only increased from 4.5 million yuan to 5.6 million yuan. Even by 22, the annual rent for trademark use fees will be only 5.37 million yuan.
Don't rule out cooperation with Hongdao again
Regarding how GPHL will operate after recovering the trademark use right of Wang Laoji, a senior executive of GPHL, who asked not to be named, said that he would not rule out the possibility of operating his own business, but would also consider cooperating with relevant enterprises again. When the reporter asked whether he would continue to cooperate with Hongdao, the executive said that it still depends on whether the two sides have the same vision and can contribute to the "Wang Lao Ji" brand. Without any indication, Jiaduobao Group suddenly released an important statement on its official website on May 27th, saying that Hongdao (Group) Co., Ltd. refused to accept the ruling made by China International Economic and Trade Arbitration Commission on May 9th, 212, and filed an application to the Beijing No.1 Intermediate People's Court on May 17th to cancel the above ruling on the grounds that the ruling violated relevant regulations. At present, the court has filed a case.
on may 16th, the day before jiaduobao filed a complaint with the court, jiaduobao held a media briefing in Beijing, expressing his "disappointment" and "regret" about losing the trademark case of "Wang Lao Ji". when answering "whether it will appeal", jiaduobao said that "it is still inconclusive whether it will choose to appeal".
previously, jiaduobao group had begun to gradually promote the operation of "removing Wang Laoji", and the advertising slogan was changed from "afraid of getting angry and drinking Wang Laoji" to "authentic herbal tea produced by jiaduobao"; The original red can packaging also added the words "Jiaduobao" in large size; He has repeatedly stressed that he has the secret recipe of Wang Zebang, the founder of herbal tea, and the taste remains unchanged after dressing up, which obviously gives people a feeling that the trademark dispute of Wang Laoji has ended.
according to the arbitration law, when one party applies for annulment of the award, the people's court shall suspend the applicant of the other party from applying for enforcement of the award; Therefore, GPHL may not apply for enforcement of the award. This obviously made the Guangzhou Pharmaceutical Group, which made a high-profile statement after the ruling to become bigger and stronger in the "Wang Laoji" industry, unprepared.
after the ruling of the China international economic and trade arbitration commission came out on may 9, GPHL first sent an official letter to jiaduobao, requesting to resolve the related infringement through consultation. Feng Zhimin, director of the office of the chairman of Jiaduobao Group, also said at the previous media briefing that Guangzhou Pharmaceutical Group may raise hundreds of millions of yuan in compensation, "We believe that all parties will actively seek proper solutions in order to peacefully transition such a situation," and believe that "Guangzhou Pharmaceutical will not claim compensation".
Both sides seem to want a peaceful end; Unexpectedly, "infighting" has escalated behind the scenes. On May 25th, GPHL issued a solemn statement, once again breaking the quiet situation. The statement said, "All kinds of red cans of Wang Laoji and red bottles of Wang Laoji herbal tea products currently sold in the market without the authorization of GPHL are infringing goods. Any enterprise or individual selling the above products will constitute trademark infringement, and GPHL reserves the right to pursue the legal responsibility of the relevant infringers." He also stressed that without the authorization of GPHL, any enterprise has no right to release any product management information and business advertisements about "Wang Lao Ji", "Wang Lao Ji in a red jar" and "Wang Lao Ji in a red bottle", nor is it qualified to spread false information such as "Wang Lao Ji in a red jar changed its name". It is self-evident that Guangzhou Pharmaceutical Group's spearhead is directed. It is understood that there are still some red cans and red bottles of Wang Laoji herbal tea in the market.
On May 28th, Jiaduobao will hold a national listing ceremony of herbal tea in Beijing, which is said to be "sure to be shocking"; GPHL will also hold a media briefing on Jiaduobao's complaint. The relationship between GPHL and Jiaduobao should start from 2 < P > The main trademark contract was signed in 2 (the time limit is until 21);
The first supplementary agreement was signed in November p>22 (the time limit was extended to 213), after Li Yimin, the former boss of GPHL, accepted HK$ 2 million from Chen Hongdao, the chairman of Hongdao Group.
In June p>23, the second supplementary agreement was signed (the time limit was extended to 22), and Li Yimin accepted HK$ 1 million from Chen Hongdao, and then Li Yimin was dismissed;
In November, 21, GPHL announced that the brand value of Wang Laoji was over 1 billion in Beijing, and then Jiaduobao issued a statement to clarify that there was no affiliation with GPHL, making the contradiction public.
in April p>211, Guangzhou Pharmaceutical submitted an arbitration application for "Wang Lao Ji trademark";
in December p>211, the "Wang Lao Ji trademark" case entered the arbitration procedure;
On May 11th, 212, GPHL received an award dated May 9th, 212 from China International Economic and Trade Arbitration Commission, and GPHL won the case. Guangyao leased the right to use the canned trademark of Wang Laoji, which seems to be a "win-win" deal-it not only helped Wang Laoji who made a fire with Jiaduobao, but also created a market of green Wang Laoji in tetra pak. However, the huge digital contrast between the 8 billion in red cans and the 7 million in green boxes makes Guangzhou Pharmaceutical.
After putting so much effort into it, Guangzhou Pharmaceutical Company easily hitched a ride, but Jiaduobao only turned a blind eye, and the word "forbearance" was paramount. After all, Wang Laoji's real owner was Guangzhou Pharmaceutical Company. For Jiaduobao, a good relationship with Guangzhou Pharmaceutical is the key point, because it is related to the renewal of Jiaduobao's lease of Wang Laoji brand.
it seems that both parties are reluctant to mention the amount of the lease contract signed in that year and the last renewal. Both He Shuhua and He Qing said that they were "unclear" about the matter, while the marketing department of Jiaduobao (Guangdong) Co., Ltd. did not reply to the reporter's interview request. It is reported that in 21, Hong Kong Hongdao Group gave Li Yimin, the former vice chairman and general manager of Guangzhou Pharmaceutical Group, HK$ 3 million in three times in order to renew the trademark use contract with Guangzhou Pharmaceutical Group (he was sentenced to life imprisonment by the Guangzhou Intermediate People's Court in 25 for accepting bribes).
Although He Shuhua answered affirmatively that the franchise of Wang Laoji brand leased by Jiaduobao will not expire until 22, the announcement of the State Trademark Office shows that it is consistent with the time in Li Yimin's case, and the renewal time of Guangzhou Pharmaceutical's lease of Wang Laoji brand to Hong Kong Jiaduobao Group is from 23 to 213.
Wang Hao, general manager of Beijing Baishi Fuda Times Intellectual Property Agency Co., Ltd. told the reporter that the cooperation intention reached by both parties may be by 22, but the license of a trademark is valid for 1 years, so it needs to be renewed every 1 years. However, this does not mean that Jiaduobao can be used for 2
2 years, because in 213, if one party reneges, whether the contract can be protected by law depends on the contract.
The "sequela" of Li Yimin's bribery case will last until 213. As for Guangzhou Pharmaceutical, will it continue to "borrow light" from Jiaduobao, and will it be willing to make a fraction of the huge profits, or will it "kick down the bridge" and grab this piece of land that Jiaduobao has invested heavily? Everything is unknown.