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The encyclopedia · Marketing & Brand · Marketing decision · 2024–2026

Lelecha put Lu Xun's face on a milk tea as a 'homage.' The court called it infringement.

A tea brand's Lu Xun 'homage' cup used portraits it hadn't cleared. Pulled in four days, it lost a copyright suit: ¥200,000 damages and a court-ordered apology.

Lelecha · 2024-04-23

What happened

On World Book Day, 23 April 2024, the Chinese tea chain Lelecha teamed up with Yilin Publishing House to launch a limited drink called "烟腔乌龙" — an oolong marketed as a homage to Lu Xun, the modern writer China reveres as its sharpest critic. The cup carried a portrait of Lu Xun holding a milk tea, and the campaign leaned hard on the writer's image and a slogan playing on his persona. It was meant to be clever cultural marketing.

The problem was what the portrait was borrowed from. The campaign made heavy use of two artworks — "永远进击" and a half-body portrait of Lu Xun — created by the artists Yang Zhiguang and Ou Yang. Lelecha had not cleared the rights to them. Within days the tribute was recast as theft: commentary asked how cultural marketing could treat a national figure's likeness as free to take, and on 27 April the brand pulled the campaign materials, apologising two days later for infringing Lu Xun's portrait rights.

The apology did not end it. The rights holders sued, and the Shanghai Putuo District People's Court found that Lelecha had infringed the copyright of the Lu Xun artworks. It was ordered to pay 200,000 yuan in damages and costs, and to publish a statement on its official WeChat account eliminating the impact. On 13 March 2026, nearly two years after the launch, Lelecha posted the court-ordered apology, conceding that its "copyright awareness had been seriously insufficient."

The case became a cautionary tale in China's booming co-branding culture, where tea and coffee chains chase viral collaborations with museums, writers and celebrities. The lesson the courts drew was that a homage is not a defence: borrowing a cultural figure's image without clearing the underlying rights is infringement, however reverent the intent. Lelecha had wanted Lu Xun's cultural weight; it got his lawyers instead.

Why it happened

  • The brand mistook reverence for permission. Treating a national literary figure as a marketing asset did not remove the need to clear the rights to the artworks used; intent is not authorisation.
  • The collaboration outran the legal check. A campaign built on a famous face went live before anyone confirmed who owned the portraits it borrowed, so the launch itself became the infringement.
  • Cultural figures carry rights that outlive them. Lu Xun's image sits on copyrighted artworks and portrait rights; a 'homage' reproducing them without clearance is a liability, not a tribute.
  • The apology could not undo the act. Pulling the materials and saying sorry addressed the symptom; the underlying infringement still drew a lawsuit, damages and a court-ordered statement two years on.
What it cost¥200,000 damages; court-ordered public apologyembarrassing

The lesson

Borrowing a cultural figure's image is a rights decision before a creative one. Clear the works you reproduce, however reverent the campaign — a homage that skips permission is infringement.

Aftermath

Lelecha's court-ordered apology of March 2026 closed a case that had run nearly two years from a four-day campaign. It landed as China's tea chains were racing through hundreds of IP collaborations a year, and was cited as a marker of where that boom's legal line sits: the cultural weight a brand wants to borrow is owned, and using it without asking is a bill that arrives with interest.

Sources

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