Husband and wife divorce, founder in prison, and high -level internal fighting, this well -known brand has been sued again
Author:World network dealer Time:2022.08.28
Liu Yuzheng, the world's Internet merchant
Edit Li Danchao
The ten -year dispute between the true kung fu and the descendants of Bruce Lee will usher in the final.
On August 25, the official website of the Shanghai Second Intermediate People's Court showed that Bruce Lee Enterprises, LLC (Li Xiaolong Co., Ltd.) sued the True Kung Fu case and was officially tried. According to the industrial and commercial registration information, the actual controller of Bruce Lee Co., Ltd. is Li Xiangning, which is the daughter of the late movie superstar Li Xiaolong.
The lawsuit began in November 2019. Li Xiangning officially sued the domestic Chinese fast food brand real kung fu, requiring him to stop using the image of Bruce Lee in the trademark, compensate for economic losses of 210 million yuan, and request real kung fu to clarify himself and himself on the media for 90 consecutive days. Bruce Lee has nothing to do. In the eyes of Bruce Lee's descendants, the East Asian face standing on the door of this fast food restaurant, whether it is a yellow sportswear or appearance and action, is highly similar to the role of Bruce Lee's film. A well -known image.
But this request was rejected by the toughness of the real kung fu. True Kung Fu issued a post at the time that the real kung fu trademark was authorized by the State Trademark Office for 15 years. It has been used for 15 years. The brand has no infringement. The 210 million claims have no facts and legal basis.
As the case officially started, the results of the dispute between the two parties will also fall. Regarding the trial of the case, "World Net Business" contacted Li Xiang Ningfang's attorney Ye Fang, but as of the press time, it was not responded.
Ten years of disputes, it is difficult to revoke the "Bruce Lee" trademark
According to the information released by the State Intellectual Property Office, the real kung fu applied to a trademark -shaped trademark in April 2004, and the dedicated period of the trademark will continue until 2027. At present, this trademark status is to be revoked/invalidated to declare the application review.
The official website of the Bruce Lee Foundation shows that Li Xiangning has organized his father Bruce Lee's legacy since the end of 2000, and has successively purchased Bruce Lee's film and trademark ownership since 2011. In October 2010, Li Xiangning went to Guangdong to "protect his rights" and talks with the state government department. According to the "South Daily" report, the National Trademark Office has issued a letter, saying that the rights of Bruce Lee and its English name development and utilization should be owned by its heirs. social influence.
At that time, Li Xiangning had pointed the finger at the real kung fu. In the interview, Li Xiangning said: "There are also many image of Bruce Lee at the Shanghai World Expo. We have no opinion because he represents the image of China. It is obviously inappropriate to treat him as a fast food restaurant."
However, Li Xiangning in 2010 did not filed a lawsuit on the suspected infringement of real kung fu. In November 2019, Li Xiangning officially prosecuted, asking the real kung fu to withdraw the trademark pattern shaped like Bruce Lee.
Yao Kefeng, Secretary -General of the Intellectual Property Rights Protection Alliance and director of the Beijing Standard Law Firm, told the "World Business" that real kung fu did not directly use Bruce Lee's own image. There is evidence that it obviously relies on Bruce Lee, which includes self -recognition, other occasions, staff words, promotional documents, and so on.
For Li Xiang Ningfang, there may be a evidence.
This involves the history of real kung fu. True Kung Fu was established in Dongguan in 1990. At that time, the 17 -year -old founder Pan Yuhai founded the "168 Dessert House". In 1994, the dessert house was upgraded to a "double seed" steamed shop, and gradually moved towards standardization. Essence
In 2004, the two seeds of the development bottleneck found the late advertiser Ye Maozhong. The latter's career contributed classic advertisements such as Hailan House, Ant Power God, Hengyuanxiang and other classic advertisements. In Ye Maozhong's "True Kung Fu" Global Chinese Catering Chain Planning Documentary ", he mentioned that in order to create a conflict between Chinese and Western fast food when planning a real kung fu brand, Ye Maozhong's team chose the martial arts high, healthy, and righteous. The image of the master of kung fu- "So Bruce Lee desired to come out."
By 2017, Dongguan Double -Seed Food Management Co., Ltd. also sued the author and publisher of the book "True Kung Fu You Don't Learn", saying that the picture used by the cover invaded the copyright of the real kung fu.
The Hubei Provincial Higher People's Court announced that the attachment information of the copyright registration certificate involved in the case showed that the pattern was combined by the text patterns of Bruce Lee and the text of "True Kung Fu" and "Steamed Nutrition Expert". Bruce Lee ’s Kung Fu style provided by Zhenku is a portrait pattern with Bruce Lee's arms open and raised, facial gaze stare. In the end, the High Court of Hubei Province rejected the request of a two -seed company.
In other words, whether it is the start of the brand's establishment or in safeguarding its own rights, the real kung fu takes the three words of Bruce Lee as his endorsement.
However, even if the Shanghai Second Intermediate People's Court sentenced the true kung fu to infringement, Li Xiangning would have to win. According to the provisions of the Trademark Law, within five years from the date of the trademark registration, you can request that the registered trademark is invalid. Yao Kefeng told "World Business" that the trademark of real kung fu has been registered for 18 years. Generally speaking, its trademark will not be announced invalid or revoked, and it is difficult to revoke the real kung fu.
This case can refer to the years of Jordan Sports and Basketball superstar Michael Jordan. According to the final verdict, Jordan Sports was sentenced to stop using the "Jordan" trademark, but the trademark for more than five years cannot be declared invalid or stopped using it. It can only indicate that there is no connection with Jordan to eliminate the connection. Family internal fighting destroy the "first brand of Chinese fast food"
From the perspective of real kung fu, suspected infringement is not a straw that kills the camel, it is just a snowflake during the avalanche. The greater problem of real kung fu is that it has been pumped the driving force for scale.
On the official website of Zhengu, the vision that was made several years ago: By 2030, the number of real kung fu global stores reached 20,000, and the annual revenue exceeded 150 billion yuan. Become the first Chinese fast food brand.
There is no doubt that the real kung fu is still a lot of distance. According to media reports, the number of real kung fu stores is around 500. The corolla of "Chinese fast food first brand" also slipped from the real kung fu head early, and brands such as chickens and rural foundations in the villagers are competing for this title. According to the financial reports of the two listed companies, the number of stores in the country has exceeded 1,000.
On the speed of starting, the main steamed products and healthy real kung fu are the ahead of brands such as pheasant chickens, but in the end, the internal bucket of real kung fu that has continued for many years has dragged down the company's development.
After Pan Yuhai founded the 168 dessert house, the dessert shop that specializes in desserts, porridge and soup powder is well -known in the local area. Then with the expansion of the company's scale, Pan Yuhai's sister Pan Minfeng and brother -in -law Cai Dajiao took the money in exchange for desserts in exchange for desserts 50%of the housing equity, the three of them operated together, the company's main business also shifted from dessert to steamed products.
According to media reports, Pan Yuhai is good at the research and development of dishes, while Cai Dabiao is good at corporate strategic planning. In 2006, the husband and wife of Cai Pan divorced, and Cai Dabiao successfully obtained 25%of Pan Minfeng's hands, with 50%of his own shares, and the same as Pan Yuhai in the shareholding ratio. Then Cai Dabiao began to go to family reform and introduced capital and professional managers, holding 66.67%of the company's largest shareholder.
The company's inner fight began to float. Since 2009, Pan Minfeng has prosecuted and publicly accused Cai Dabiao. In 2013, Cai Dabiao was sentenced to 14 years in prison for two charges of job invasion and embezzlement of funds. However, the dispute over control did not stop because of Cai Dabiao's imprisonment. In short, Cai Dabiao asked the court to determine that he was the chairman of the company, not Pan Yuhai; and his ex -wife Pan Minfeng asked the court to determine that he actually owned the equity held by Cai Dabiao in the real kung fu.
On Sina Weibo, you can also see the melee between Cai Dabiao, Cai Dabiao's daughter, Cai Dabiao's sister, and Pan Minfeng. At present, a number of lawsuits have not been completely ended, and real kung fu is still "chaotic into a pot of porridge."
In this way, a fast -food brand that had risen rising fell in the plot of the divorce of husband and wife, high -level internal fighting, and chairman of the chairman. The opportunities for listing were missing, capital left, and the valuation of real kung fu also fell sharply. In 2020, Chen Min, Vice President of Zhengu, said that because of the impact of the epidemic, the turnover of the first quarter decreased at least 70%year -on -year, and the revenue decline was difficult to reverse in the short term.
In 2022, real kung fu also began to enter the fiery pre -production track. On its official applet, the steamed chicken legs, mushroom meat pie, fish flavor eggplant, sauerkraut meat, etc. appeared for retail prefabricated dishes. However, at this time, joining the prefabricated melee may be just a test of the track for real kung fu, but it cannot have the effect of solving the problem fundamentally.
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