Chinanews.com client Beijing, June 30 (Zuo Yukun) Tencent and Laoganma cross-border "fight"? !
According to the China Judgment Documents Network, the People's Court of Nanshan District, Shenzhen, Guangdong Province recently issued a civil ruling that agreed with Tencent's request to rule out the seizure and freezing of deposits or property of RMB 16,240,600 under the name of Laoganma Company.
The Internet giants on one side and the well-known food brands on the other, seemingly irrelevant, how come to court?
Data map: Laoganma. Photo by Zuo Yukun
Tencent and Laoganma on the book hall
On June 29, China Judgment Documents Network showed that Guiyang Nanming Laoganma Flavor Food Co., Ltd. ("Laoganma" for short) added a new judgment document. The plaintiff was Shenzhen Tencent Computer System Co., Ltd. ("Tencent" for short) ), the case is a service contract dispute.
The civil ruling shows that the plaintiff filed an application for property preservation, requesting the seizure and freezing of the property worth RMB 16,240,600 under the names of the defendants Guiyang Nanming Laoganma Flavor Food Sales Co., Ltd. and Guiyang Nanming Laoganma Flavor Food Co., Ltd.
The court held that the plaintiff’s application complied with the law and ruled that the defendant Guiyang Nanming Laoganma Flavor Food Sales Co., Ltd. and Guiyang Nanming Laoganma Flavor Food Co., Ltd. be bank-deposited or sealed up, seized, and seized. Value of other property.
In addition, the court's decision also pointed out that the ruling should be executed immediately after being served. If you refuse to accept the ruling, you can apply for reconsideration once, and the execution of the ruling will not be stopped during the review.
According to public reports in the media, the intersection between Tencent and Laoganma may lie in the mobile game "QQ Speed". In 2019, the "QQ Speed" mobile game and Laoganma reached a year-round event brand cooperation. The title merchant of the S-League Spring Race held in April was Laoganma. At that time, the "Laoganma Drift" was also played. "Hot" slogan.
Image source: Weibo@ Tencent Games
Tencent: Arrears of tens of millions of advertising fees, helpless to sue
As for the reasons for the two parties to the court, the referee documents show that Tencent v. Laoganma's case was due to a service contract dispute and did not mention specific disputes.
In the afternoon on the 30th, Tencent responded to the case with Xinxin.com: the matter was that the old godmother put 10 million yuan in advertising on Tencent, but ignored the contract’s long-term arrears and unpaid, Tencent was forced to prosecute according to law and applied to freeze the other party’s payment. The amount owed.
According to Tencent, in March 2019, Tencent and Laoganma Company signed a "Joint Marketing Promotion Cooperation Agreement", Tencent side invested resources for Laoganma oil pepper series promotion. Tencent has fulfilled relevant obligations in accordance with the contract, but Laoganma did not pay according to the contract. Tencent repeatedly urged that the penny was not obtained, so it had to sue in accordance with the law.
Statement issued by Laoganma
Laoganma: I have never conducted any business cooperation with Tencent and have reported the case
However, unlike Tencent's statement, "After verification, our company has never signed a "Joint Marketing Cooperation Agreement" with Tencent or authorized others and Tencent on the "Laoganma" brand, and our company has never conducted any business with Tencent. Cooperation." Laoganma issued a statement on the evening of the 30th.
According to Lao Ganma, on June 10, the company received the relevant legal documents entrusted by the Nanshan District People's Court of Shenzhen City and served by the Nanming District People's Court of Guiyang City. Tencent sued the company for a service contract dispute and applied for property preservation. After receiving the above documents, the company attached great importance and immediately launched an investigation.
"In response to the above-mentioned major incidents, our company took legal measures to protect the legitimate rights and interests of the enterprise in time and reported the case to the public security organ." Lao Ganma said that the public security machine decided to investigate the case on June 20, 2020.
Tao Huabi, founder of "Lao Ganma". China News Service issued photo by Li Ke
The legendary "Lao Ganma", a woman who makes everyone angry
Speaking of Laoganma, it can be said to be a well-known national hot sauce brand. Not only everywhere in the country, it has even opened up the international market and conquered the taste buds of many foreigners. Its founder Tao Huabi also received the title of "National Goddess" and was hailed as "a woman who makes everyone angry."
According to the data of Tianyancha, the legal representative of Guiyang Nanming Laoganma Flavor Food Co., Ltd. is Tao Huabi. The company was established in October 1997. Its business scope includes flavor food series, tempeh, tofu, hot pot base and so on.
At present, the company has two major shareholders, Li Miaoxing and Li Guishan, with 51% and 49% of the shares. Public information shows that both are relatives of Tao Huabi, of which Li Guishan is Tao Huabi's eldest son.
The Tianyan check data also shows that the other defendant Guiyang Nanming Laoganma Flavor Food Sales Co., Ltd. is a wholly-owned subsidiary of Guiyang Nanming Laoganma Flavor Food Co., Ltd. Tao Huabi is the former executive director and general manager of the former, and the latter’s Chairman and corporate legal person.
"No financing, no money, no listing" has always been regarded as the biggest label of Lao Ganma, from roadside stalls to "national hot sauce", Lao Ganma has made a legend of the Chinese brand.
Data Map: Overseas Chinese line up to snap up "Lao Ganma"
It is reported that Tao Huabi was originally in the jelly business. The spicy sauce she made and used to mix jelly was very popular. Many customers had to buy a little spicy sauce after the jelly was finished. Some people even bought it instead of jelly. Her spicy sauce. Over time, Laoganma hot sauce became hot.
Although Laoganma has suffered a lot in recent years, the status of "national hot sauce" is still strong. Its 2019 annual results show that sales revenue exceeded 5 billion yuan last year, a year-on-year increase of 14.43%, a record high.
"Nanshan Pizza Hut", Super Legal Department Renews Force
Perhaps, many people have heard of the Nintendo Legal Department, which is known as the "strongest legal department," and the Disney Legal Department, a "copyright mania." In fact, in China, there is also a very powerful legal department, which is the protagonist of the other side of the case. The Tencent Legal Department who was ridiculed as "Nanshan Pizza Hut" (Tencent headquarters is in Nanshan District, Shenzhen, most of the litigation is handled by the Shenzhen Nanshan District Court).
Tencent's litigation team is a strong team recognized in the Internet industry. It has achieved an impressive record of 29 undefeated litigations since 2013.
Image source: Weibo @QQ飞车手游
A "classic battle" of the Tencent Legal Department was the case of "Bubble Hall" infringing "QQ Church". In 2006, the Korean Nexen Company found that Tencent's "QQ Hall" gameplay and modeling were very similar to its "Bubble Hall", and then brought Tencent to court for the crime of pirated games.
However, the Tencent Legal Department retorted that the gameplay is copyright-free. We just imitated the gameplay, and all the codes of "QQ Church" are original, so there is no problem of infringement.
Sure enough, the court finally decided that although the game mode and interface layout of QQ Hall are indeed similar to Bubble Church, they are not really the same. In terms of the most important code, Tencent confirmed its original code of "QQ Church" and easily won this seemingly impossible lawsuit.
Later, Tencent became more and more courageous and gradually became the familiar “Nanshan Pizza Hut”. Some people estimate that Tencent's legal department received more than 30 million yuan in compensation in 2015 only by defending the rights of the game "League of Legends."
Regarding the dispute between Laoganma and Tencent, in the face of "one side is an artifact of cooking, one side is a big game player", many netizens who said that "the palm of the hand is meat" said that while eating Laoganma, they played Tencent Are games unhappy? (Finish)