Lin Sanqi took the thermos cup and smelled it. He didn't feel like eating it anymore. Instead, he sighed.
"I'm just wondering, why can't the fields be plowed to death, but the cows are exhausted to death? Isn't this clearly a competition between the two sides?"
Seeing that there was no one around, Lin Yaliang said quietly:
"You, don't ever let yourself be provoked by women. Once you're provoked, you'll fight tooth and nail to prove yourself. I'm telling you, men can never prove themselves in this matter. They're born to suck dirt.
If you really can't stand it anymore, either pretend to be asleep or let your sister do it automatically, understand? Don't try to be brave, my starling went through the same thing back then, every word was full of blood and tears.
Lin Sanqi asked in confusion, "Brother Ba, if this is so tiring, why do so many people like it?"
Lin Yaliang chuckled and pointed out:
"You don't understand this, do you? He's powerless when it comes to his own wife, but instantly becomes full of vigor and vitality when it comes to other people's wives. That's why there's that famous saying: A wife is not as good as a concubine, and a concubine is not as good as a secret lover."
After hearing this, Lin Sanqi quickly waved his hands and said, "What vicious words are you talking about? If you continue talking like this, I will take action."
The two of them arrived at the chairman's office one after the other. At this time, Lin Dezhi, director of the legal department of Lingnan Hall, was already waiting.
"Fifth Brother."
"boss."
Well, these two cousins each have their own opinions.
The two men sat down, and Lin Dezhi took out a copy of the indictment and a subpoena from his briefcase, then said:
"This is the indictment sent by Zhangzhou Pharmaceutical Factory, and the charge is trademark infringement.
My older brother also called me last night and said that the Zhangzhou Administration of Industry and Commerce had contacted the Huadu Administration of Industry and Commerce, requesting that they come to Lingnan Hall to seize all Pien Tze Huang on sale and impose a fine. However, the Huadu Administration of Industry and Commerce refused.
Therefore, Zhangzhou Pharmaceutical Factory had no choice but to file a civil lawsuit. According to their requirements, they required us to immediately stop the infringement, destroy the infringing goods and trademarks, etc.
At the same time, we must compensate Zhangzhou Pharmaceutical Factory for direct and indirect losses, as well as the economic losses caused by the infringement, such as damage to its reputation and reduced sales, totaling RMB 500 million.”
Lin Sanqi read through the legal document and seemed to understand it, but not completely, as he was not a professional after all.
"Fifth Brother, are you saying that Zhangzhou Pharmaceutical Factory wants to hold us accountable through official channels?"
Lin Dezhi smiled and said:
"Yes, but unfortunately the other party is Hu Jian Company, and we are Dong Guang Company. Considering that we pay nearly 10 billion in taxes a year, it is impossible for Huadu to agree to their request.
But Big Brother also said that he hopes we can find a solution as soon as possible and not affect Lingnan Hall's business. If there is any official help, please ask for it, and they will definitely support it to the end."
Lin Sanqi nodded, thinking that if he wanted to do business, he had to go to the coast or the south.
The government in the south has truly fulfilled the role of a service-oriented government, providing protection for local businesses and absolutely will not allow them to be bullied.
Of course, to put it bluntly, it is also called local protectionism.
"Fifth brother, do you think we can win this lawsuit against Zhangzhou Pharmaceutical Factory?"
Lin Dezhi leaned back in his chair and said with a wry smile:
"It's difficult, I'm afraid it's hard to win, because up to now, the Zhangzhou Pharmaceutical Factory has a 100% winning rate in all the Pien Tze Huang infringement lawsuits. This probability is terrifying.
I have checked the information and found that Zhangzhou Pharmaceutical Factory has a total of 84 registered trademarks related to "Pian Zai Huang".
Including trademarks such as "Pianzihuang", "PIEN TZE HUANG", "Pianzihuang PZH", "Pianzihuang Hongren", "Pianzihuang Qingjie", and "Pianzihuang Queen".
The most recent lawsuit was a five-year lawsuit between Zhangzhou Pharmaceutical Factory and Ludao Chinese Medicine Factory. During these five years, the two sides had many lawsuits, ranging from the local court to the provincial high court.
During this period, both parties also received a mediation letter from the Hujian Provincial Food and Drug Administration, which was unsuccessful and instead intensified the trademark battle between Zhangzhou Pharmaceutical Factory and Ludao Chinese Medicine Factory.
Ultimately, Ludao Chinese Medicine Factory lost the lawsuit and did not obtain the generic name of Pian Zai Huang. It could only change its own product to Xin Huang Pian. Although the ingredients were almost the same, its commercial value plummeted.
We can draw two conclusions from this lawsuit: one is that Hu Jiandi was definitely protecting the Zhangzhou Pharmaceutical Factory; the other is that Pien Tze Huang is, at least legally, a trade name.
If Pian Zai Huang is recognized as a product name, then other companies using these three words would be a clear infringement.
Now the case has been brought to Lingnan Hall. If the court still makes a ruling based on previous precedent, it will be extremely unfavorable to Lingnan Hall.
Lin Sanqi put down the document and asked:
"Fifth Brother, if I can provide evidence that Pien Tze Huang is a traditional medicinal recipe passed down from ancient times, do you think I can win this lawsuit?"
Lin Dezhi was a little surprised and said:
"Do you have evidence? If you have evidence, that would be great. Let's take the Ludao Chinese Medicine Factory and Zhangzhou Pharmaceutical Factory as an example. I spent the whole night looking up information on this matter and have some idea.
The official websites of both companies state that Babaodan originated from a secret palace recipe during the Jiajing period of the Ming Dynasty and that it can treat "huang".
Oh, by the way, the Minnan dialect calls muscle redness, swelling, heat and pain "huang". You just need to cut off a small piece and take it to relieve the huang.
By the late Qing Dynasty and the Republic of China, the people also called it "Babaodan Pianzaihuang" or "Babao Pianzihuang".
It is worth noting that according to the introductions of the two companies, both Babaodan and Pianzaihuang claim that their formulas originated in the Ming Dynasty, and both can be used to treat "huang", and the treatment of "huang" is to "slice" and take it.
At that time, it was believed that Babao Dan was Pian Zai Huang, and Pian Zai Huang was Babao Dan. The two names could even be used together. This was the default consensus among the people.
Until the 1960s, both Ludao Chinese Medicine Factory and Zhangzhou Pharmaceutical Factory could produce "Babaodan Pianzaihuang" with no difference.
Later, due to the historical background, both parties changed the product name to "Pian Zai Huang".
Until the 1970s, due to the planned economy, the state arranged for only Zhangzhou Pharmaceutical Factory to produce Pien Tze Huang, and Ludao Chinese Medicine Factory stopped production.
In the late 1980s, due to marketization, Ludao Chinese Medicine Factory also needed to survive, so it resumed the production of Pian Zai Huang.
However, Zhangzhou Pharmaceutical Factory wanted to have the market all to itself, so it applied for trademark protection, which resulted in the Ludao Chinese Medicine Factory being unable to use the product name of Pian Zai Huang. It had no choice but to change it back to "Babao Dan", which was the first time the name was changed.
Later, Zhangzhou Pharmaceutical Factory decided to wipe out the company completely and filed a second lawsuit, refusing even to allow Ludao Chinese Medicine Factory to use the name of the drug "Babaodan".
That year, the court ruled that the defendant, Ludao Chinese Medicine Factory, should immediately stop promoting the relationship between "Babaodan" and "Babaodan Pianzihuang" or "Pianzihuang" to avoid misunderstanding among consumers.
Later, Ludao Chinese Medicine Factory did not give up and applied in 2012 to register the "Babaodan Pianzihuang" and "Pianzihuang Babaodan" trademarks in the 5th category of "Chinese herbal medicines" and other commodity items, but was ultimately rejected.
So Ludao Chinese Medicine Factory had no choice but to continue to file an administrative lawsuit with the Intellectual Property Court. After several years of litigation, they still lost and were forced to change their name a second time, to 'Xinhuang Tablets', and even gave up the name 'Babao Dan'.
Lin Sanqi scratched his head and said speechlessly:
"Is Zhangzhou Pharmaceutical Factory so overbearing? I remember that Ludao Chinese Medicine Factory is also a state-owned enterprise, right? According to what you said, both companies actually produced the same Babaodan Pianzaihuang decades ago.
In the end, in order to completely monopolize Pien Tze Huang, including the name Babao Dan, Zhangzhou Pharmaceutical Factory attacked its sister company, Ludao Chinese Medicine Factory, forcing them to change their name repeatedly. This is a bit unethical.
Lin Dezhi smiled and said:
"Isn't this normal in business competition? How can I allow others to snore beside my bed? Just think about the competition between Jiaduobao and Wanglaoji in Dongguan."
Lin Sanqi rubbed his chin and asked:
"According to the nature of Zhangzhou Pharmaceutical Factory, not only will they not allow us to use the name Pian Zai Huang, they won't even allow us to use Babao Dan? Is that the reason?"
Humph, if you want to fight with me, it seems like it’s time to produce evidence. Fifth brother, wait for me."
Lin Dezhi was also curious and wanted to see what kind of evidence his boss had that could help him turn the tables.
After a while, Lin Sanqi came back with a wooden box in his hand.
Lin Sanqi, wearing white gloves, carefully took out three thread-bound books from the box. Lin Dezhi knew at a glance that these must be antiques.
"Fifth brother, these three books are my evidence. This one is called Notes from Puyuan Mountain, and it was written by the legendary imperial physician who fled from Beiping City to Zhangzhou in Hujian during the Ming Dynasty. His pen name was Peaceful Layman.
This peaceful lay Buddhist is the inventor of the Babao Dan, or Pian Zai Yang, recipe, which is now widely recognized by the public.
This book also records in detail the recipe of Babao Dan and the entire process of his invention of the recipe, which is solid evidence.
This book, "Longxi Fang Ge Kuo", was written by Lu Dazhong, a master of traditional Min medicine, in the late Ming and early Qing dynasties. It records in detail the origin of the folk name of Pian Zai Huang, and for the first time clearly states that Pian Zai Huang is another name for Babao Dan.
The last one is the Buddhist medical work "Nanshan Yifangming" from the Qing Dynasty, which contains even more complete records.
It clearly records that the sacred Buddhist medicine Babao Dan was manufactured and sold under the name of "Sengmao Brand" Pien Tze Huang by "Yan Hou Monk" after he returned to secular life..." (End of this chapter)
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