Preface
Originating from Shaanxi, China, the spicy seeds have fascinated many diners with their unique craftsmanship and rich flavors. The local pasta is not oily and spicy, and it seems to be missing the essence.
In the process of globalization, gastronomic culture has spread rapidly. This condiment is popular overseas, and many food bloggers share how to make it, and it can also be bought in foreign supermarkets.
Unexpectedly, David Chang, a Korean-American, preemptively registered the trademark "Youpo Lazi" in the United States, and began to send letters warning Chinese restaurants and food brands that used the name, prohibiting them from continuing to use the term.
The event passed
The cause of the incident was that David Zhang filed an application with the United States Patent and Trademark Office (USPTO) for the trademark registration of "chili crunch" (English name "chili crunch"). As soon as the news came out, it immediately attracted widespread attention. David Chang didn't just apply for a trademark, he also actively issued cease-and-desist letters to other brands and restaurateurs selling oily spicy seeds in the United States, asking them to stop using the name.
According to US media reports, Zhang David's behavior is an attempt to monopolize the market with the help of legal means. His actions are tantamount to trademark bullying. Many Chinese in the United States who run Chinese restaurants are both angry and helpless. Because as a traditional Chinese condiment, it should not be preemptively registered and monopolized by others at all.
In the world of American cuisine, both witnesses and observers are deeply concerned about the direct translation of "oil and chili oil" into "pepper oil". Such a simple transformation may subtly erode the image of the merchant, and even suggest a contempt for foreign cultures.
As David Chang emphasised, each restaurant has its own proud and exclusive secret chili seasoning, which can be called chili oil, chili crisp or chili sauce, each with its own characteristics. Blunt translations often ignore the rich culture and unique taste traits behind these spices, which can lead to loss of essence and unnecessary misunderstandings.
Some media pointed out that what David Zhang did was clearly to exclude dissidents and monopolize the market.
Although David's company, Momofuku, has not yet obtained a registered trademark for "oil and pepper", they filed an application with the USPTO on March 29, 2023.
The implications are not limited to the legal dimension, but also to cultural and business ethics.
Michelle, founder of Homiah, a Malaysian food brand based in New York, was shocked by this.
She emphasized that Momofuku sued her HomiahSambalChiliCrunch product for trademark infringement by virtue of its trademark rights to "Oil Splash Spicy".
Michelle says the recipe for her chili shortbread comes from her family growing up in Malaysia and has nothing to do with Pfaff's products.
Many Chinese restaurateurs have similar views. They believe that each brand of chili condiment has a unique taste and recipe. Momofuku's move is tantamount to trying to monopolize the market and exclude competitors through legal means. This kind of business practice is not only unfair but also violates the most basic principle of market competition.
From a legal point of view, the purpose of trademark registration is to safeguard the legitimate rights and interests of enterprises and avoid the emergence of counterfeit and shoddy products. It is clear that David Chang and his Momofuku Company are trying to monopolize the market with the help of legal means. Legal experts say it's a classic form of trademark bullying designed to use legal means to suppress small businesses in order to exclude competitors.
At the cultural level, as a traditional Chinese condiment, oily spicy pepper should not be preemptively registered and monopolized by others. Many food lovers believe that David Zhang's practice ###文化与商业伦理的冲突
David Zhang's behavior, legal culture and business ethics have sparked heated discussions. Oily spicy seeds are a favorite condiment for food lovers in China and around the world, with a long history, profound cultural heritage, unique production technology, and fascinating taste. Trying to monopolize the name of this traditional food is not only disrespectful to the culture of its birthplace, but also an act of cultural hegemony.
In the wave of globalization, many traditional foods have successfully entered the international market and become popular commodities, and the cultural heritage and historical value of these foods are often ignored or even used by commercial interests.
Under the overwhelming coverage of the Internet and the media, many food lovers and cultural preservationists spontaneously organized themselves to boycott David Chang and his Momofuku products.
They launched hashtags such as #SaveChiliCrunch and #RespectCulturalHeritage on social media platforms to raise awareness and counter this type of commercial bullying.
They believe that the name and preparation method of the traditional delicacy should belong to the public resource and cannot be monopolized by individuals or enterprises. Some legal professionals and non-governmental organizations have also participated in the process of trying to protect the legitimate rights and interests of Chinese restaurants and food brands through legal means.
At this critical juncture, some influential food critics and cultural scholars have also spoken out, calling on the United States Patent and Trademark Office (USPTO) to re-examine the trademark application. They believe that the cultural background and historical value should be fully considered in the registration of trademarks, so as to prevent commercial monopolies from adversely affecting cultural heritage.
Future outlook
In the pursuit of commercial interests, respect and protection of culture must not be taken lightly. This incident will serve as a typical reminder that no matter what the outcome of trademark registration is, we should think deeply about issues such as cultural protection and business ethics. As for the final outcome of this incident, it is not yet known, but it will prompt all sectors of society to think more deeply.
Although the actions of David Zhang and Pfaff Company can make profits in the short term, in the long run, this kind of behavior that violates business ethics and disrespects culture will inevitably be resisted and criticized by society.
In the journey of striving for success, enterprises should not only act in accordance with the law, but also cherish culture and history, so as to win lasting recognition and support.
epilogue
Let's work together to preserve and pass on cultural heritage! In the era of globalization, cultural preservation and business development can be mutually reinforcing. May the Shaanxi oil spicy incident arouse more attention, respect and protect traditional culture, business can succeed and achieve sustainable development. This event should be a wake-up call!