Plum Flower Serene Spirit Teapills® replaces Calm Spirit Teapills in name only
August 15, 2016
Effective immediately, Mayway is changing the name of its Calm Spirit Teapills to Serene Spirit Teapills®. The formula, Gan Mai Da Zao San, is unchanged and functions to nourish the heart, calm the Hun and Shen (spirit), and harmonize the Middle Jiao. Serene Spirit Teapills® are produced by the internationally Good Manufacturing Practices (GMP) certified Lanzhou Foci Pharmaceutical Co. Ltd. with their 87 years of authentic TCM expertise.
The short explanation as to why is that we received a demand from another vendor's attorney noting that the vendor had trademarked Calm Spirit in 2004. This was a surprise to us since we have been using the name for more than 20 years. While we believe our long use of the name would allow our further use, it is also true that the vendor has obtained a valid trademark, and in the end we did not want to divert time, energy, and resources to a long legal battle. We may have more to say in the future about the issue of one vendor trademarking TCM functions and whether the industry should be vigilant in maintaining the ability of all TCM purveyors to use TCM functions to describe or name products.
Please note that the other vendor's Calm Spirit product is a completely different formula and is not the equivalent of Mayway's Serene Spirit®. We are not in the position to assess that product, we are not familiar with the vendor's manufacturing process, and we do not know for what conditions it might be recommended. We leave all of that to the vendor to provide.
Mayway had no idea this was an issue until receiving threatening legal notice. We sincerely apologize for the inconvenience and any confusion or concern. All new orders will be filled with Serene Spirit®. While it is okay for you to sell your existing stock of Calm Spirit Teapills, we are happy to replace what you have with Serene Spirit Teapills® and we will pay for shipping both ways. If you would like to do that or should you have any questions or concerns, please call us at (800) 262-9929 or email us at firstname.lastname@example.org.
Thank you for your support!
The Folks at Mayway