On April 23, Shanghai Chatian Catering Management Co., Ltd. (hereinafter referred to as Lelecha) released an article titled "@译林出版社: World Book Day, Tribute to Lu Xun Literature" on its official WeChat public account of "Lelecha", and put on the shelves a product called "Smoke Cavity Oolong". Among them, a large number of portraits based on the image of Lu Xun holding a teacup appeared, and the content of Lu Xun's articles and Lu Xun's name were quoted. In addition, the promotional slogan of the product is "Old Smoke Cavity, New Youth".
After the launch of the "cigarette cavity oolong" caused some controversy, it was alleged that the word "smoke cavity" was disrespectful to Lu Xun, and some netizens asked: Has Lu Xun been asked for Lu Xun's opinion on such a "joint name"? According to media reports, Hu Baotan, the author of the Shanghainese novel "Alley", believes that the word "old smoking gun" sometimes has a bit of a derogatory connotation in Shanghai's daily life. Lele Tea uses Lu Xun and his image, which makes people inevitably think of the meaning of "old smoking gun", after all, everyone has a deep impression of his smoking. The "new youth" should learn and inherit the spirit of Lu Xun, not the "smoke cavity" mentioned by Lele Cha.
Teacher Ding Dimeng, an expert in Shanghainese and associate professor of the Department of Chinese at Shanghai University, believes that after this "old smoking gun" uses the alias "cavity", it is a bit ridiculous, and it is okay to make a joke, but it is inappropriate to publicize it in public and involve celebrities. Senior commentator He Zhenhua also said when he saw the tweet title of the joint event, "World Book Day, Tribute to Lu Xun Literature": "It's not appropriate, such a title is inappropriate, and it is obviously disrespectful to Mr. Big." On April 28, the joint tweet on the official account of Lele Tea on April 23 has been deleted, and the promotional copy of other official channels has also disappeared. At the same time, the relevant person in charge of Lele Tea told reporters that Lele Tea has removed the relevant propaganda and peripherals from the shelves. On April 29, in response to the controversy caused by Lele Tea's co-branding with Lu Xun, Mr. Zhou Lingfei, Lu Xun's eldest grandson and president of Lu Xun Cultural Foundation, said that Shanghai Zhu Miaochun Law Firm had issued a lawyer's letter to Lele Tea and Jiangsu Yilin Publishing House Co., Ltd. (hereinafter referred to as Jiangsu Yilin). Subsequently, #鲁迅家属已向乐乐茶发律师函#冲上热搜.
It is understood that the lawyer's letter shows that the co-branded products related to "Smoke Cavity Oolong (Ebony Fragrance)" are based on the portrait of Lu Xun holding a teacup on the grounds of paying tribute to Lu Xun's literature, supplemented by the content of Lu Xun's creative articles, with clear direction, and the general public can associate the co-branded products with Mr. Lu Xun without any hesitation. Lu Xun's family, as Lu Xun's close relatives, enjoy the right to request the protection of the deceased's personality interests in accordance with the law. Authorized by Lu Xun's family, Lu Xun Cultural Foundation has the right to deal with Mr. Lu Xun's personality rights, including the right to name, portrait and reputation. Both have the right to safeguard the personality interests of Mr. Lu Xun after his death. The spirit of Lu Xun is the brilliant treasure of our Chinese culture, Shanghai Chatian Catering Management Co., Ltd. and Jiangsu Yilin Publishing House Co., Ltd. used Lu Xun's portrait without permission, and its commercial profit purpose and nature are clear, not based on the reasonable use of social public interests, which has exceeded the scope permitted by law. Accordingly, Lu Xun's family and the Lu Xun Cultural Foundation demanded that Lelecha and Jiangsu Yilin should immediately cease infringing on Lu Xun's portrait rights upon receipt of this letter, that Lelecha and Jiangsu Yilin should clarify the facts, eliminate the impact, and apologize in the corresponding national media and official WeChat public accounts within 5 days from the date of receipt of this letter, and that Lelecha and Jiangsu Yilin should contact the lawyer for compensation immediately after receiving this letter.
Source | Chengdu Business Daily, Orange Persimmon Interactive, Southern Metropolis Daily, @新财富杂志监制 | Li Jinfeng, Li Jiemin, editor-in-chief| Di Xiaojing, edited by Zhao Dong | Wei Na
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