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Wanglaoji licensed its 1828 tea to JDB — a bribe voided the deal, both lost the brand

Wanglaoji licensed its tea to JDB in 1997. By 2012, the trademark was in arbitration after a HK$3M bribe. JDB lost the name. Two companies fought over a brand.

Guangzhou Pharmaceutical Holdings · JDB Group · 2012-05-09

What happened

Wanglaoji (王老吉) was a 170-year-old herbal tea recipe, founded in 1828 by Wong Chat Bong in Guangdong. After 1949, the Wang family took the brand to Hong Kong while mainland assets passed to state-owned Guangzhou Pharmaceutical Holdings. The brand existed quietly — a regional remedy in green cardboard cartons, worth about 80 million RMB a year by the early 2000s.

In 1997, Guangzhou Pharmaceutical licensed the Wanglaoji trademark to Hong Kong's Hung To Group, whose subsidiary JDB Group produced a red-can version. The license ran to May 2010. JDB transformed the brand with aggressive TV advertising, the slogan '怕上火喝王老吉' (Fear Heatstroke? Drink Wanglaoji), and nationwide distribution. By 2008, red-can Wanglaoji exceeded 10 billion RMB in annual sales — the top-selling beverage can in China. JDB had built a 10 billion RMB brand on a licensed trademark.

In 2002 and 2003, two additional agreements extended the license to 2013 and then 2020. Both extensions were later found to have been bought: HK$3 million paid to a Guangzhou Pharmaceutical executive to sign them. That voided the contracts. In April 2011, Guangzhou Pharmaceutical took the dispute to arbitration.

On 9 May 2012, the China International Economic and Trade Arbitration Commission ruled both extensions invalid. The trademark license had expired on 2 May 2010 — JDB had been using the brand without rights for two years. JDB renamed its product to 'JDB' (加多寶) overnight, rebuilt packaging, and launched a counter-campaign claiming JDB was the 'real' Wanglaoji. Guangzhou Pharmaceutical started producing its own red cans. The two brands fought in court, on TV, and in every retailer's cooler for years.

Why it happened

  • Guangzhou Pharmaceutical licensed its asset without clean renewal terms or audit rights — when the extensions were exposed as bribes, the agreement collapsed
  • The license extensions were secured through HK$3M in bribes, making them legally void and triggering the arbitration that cost both companies the brand
  • JDB had been using the trademark without valid rights for nearly two years when the arbitration ruled — the company lost the 10 billion RMB brand it had built from scratch
  • Consumer trust fractured as two competing 'Wanglaoji' products appeared, each claiming authenticity, and the brand name lost its single-source meaning
What it costJDB lost a 10 bil RMB brand; both sides spent; trust wentcostly

The lesson

A licensing agreement without clean renewal terms and audit rights is a time bomb. Wanglaoji's brand was worth 10 billion RMB — and neither the owner nor the licensee could keep it intact.

Sources

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