Harvard Fairbank Center For Chinese Studies

Speaker: Eugenia Lean, Professor of History and East Asian Languages and Cultures; Director, Weatherhead East Asian Institute, Columbia University By examining two early legal cases featuring the alleged counterfeiting of Xiangmao Honey Soap, this talk shows how the Chinese language and linguistic practices in Chinese commercial culture often stymied Western manufacturers and import companies’ attempts to pursue and prosecute suspected Chinese copycats. Xiangmao soap was featured in the first ever trademark litigation trial in China held in 1889. In that trial, it became evident that the emerging global trademark regime was premised on an Orientalist understanding of the Chinese character as ideograph. A second case in 1919 that also featured the alleged counterfeiting of the Xiangmao brand then reveals how the homophonic nature of Chinese and the issue of dialect were often the basis of wordplay and punning in Chinese trademarks, and that international trademark law was unable to accommodate these practices