A local travel agency has been ordered to pay 80,000 yuan (about US$ 9,638) in compensation for taking advantage of a competitor in the city's popular hutong (back alleys) tours, according to a ruling by the Beijing No.1 Intermediate People's Court.
The Beijing Sifang Botong Tourism Culture Co., Ltd, the defendant, was sued by the Beijing Hutong Culture Travel Co., Ltd,for illegally copying the "Hutong Tour" logo used on the plaintiff's tricycles and the cyclists' uniforms.
Triditional Culture
A hutong is an ancient city alley or lane typical in Beijing, where hutongs run into the several thousand. Surrounding the Forbidden City, many were built during the Yuan (1206-1341), Ming(1368-1628) and Qing(1644-1908) dynasties.
In the prime of these dynasties the emperors, in order to establish supreme power for themselves, planned the city and arranged the residential areas according to the etiquette systems of the Zhou Dynasty. The center of the city of Beijing was the royal palace -- the Forbidden City.
The hutong today is fading into the shade for both tourists and inhabitants. However, in the urban district of Beijing houses along hutongs still occupy one third of the total area, providing housing for half the population, so many hutongs have survived.
In the typical hutong tour, passengers are hauled through the alleys in an old-style tricycle pedaled by local cyclists full of anecdotes about the various neighborhoods.
Modern Dispute
Because of the business's huge profits, the competition has become fierce among the city's various hutong tour services.
Beijing Hutong Culture Travel Co. Ltd said in its court petition that it has been using its own unique tricycle logo and uniform since March of 1993, when it obtained its business license.
According to the suit, the defendant has used a similar logo onits tricycles and uniforms since April of 1999, according to the suit.
After nearly one year's investigation, the Beijing No.1 Intermediate People's Court ruled the defendant had broken China'sunfair competition law and must stop piracy immediately and compensate the plaintiff for financial losses.
In the verdict, the court said the plaintiff's hutong tour service is famous in Beijing and its design belongs to the companyexclusively.
The defendant's design has misled tourists into thinking the two companies are related, according to the court.
Beijing Hutong Culture Travel Co., Ltd has pedaled more than 300,000 tourists from home and abroad through hutongs over the past eight years, court documents show.
Beijing's Hutongs
A hutong is an ancient city alley or lane typical in Beijing, where hutongs run into the several thousand. Surrounding the Forbidden City, many were built during the Yuan (1206-1341), Ming(1368-1628) and Qing(1644-1908) dynasties. In the prime of these dynasties the emperors, in order to establish supreme power for themselves, planned the city and arranged the residential areas according to the etiquette systems of the Zhou Dynasty. The center of the city of Beijing was the royal palace -- the Forbidden City.
( December 06, 2001)
