Another wave of infringement cases for corporate infringement is coming.
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Comprehensive media and enterprise inquiry APP news, recently, a number of celebrities sued enterprises for infringement, from the recent " Wang Yibo swearing infringement in online stores", " Zhao Liying swearing in medical beauty institutions", " Su Bingtian shop swearing in New Oriental stake stake in New Oriental stake infringement case" to earlier days " Li Yifeng sacking sack Dr. stake infringement case," " Jay Chou sack Dr. snatching six times", etc., celebrity infringement cases have always been the focus of public attention. This article will take stock of several recent hot cases.
Overall, the results or trends of these cases are mostly the winner of the celebrity party, on the grounds that it is infringing on the right to portrait and name. On the one hand, unauthorized "bumping into the car" of enterprises is indeed more common; on the other hand, celebrities care more about personal reputation and are generally confident in public litigation.
However, compared with the high endorsement fees of celebrities, the compensation is often ten times and a hundred times less. Companies are very willing to take risks in order to save more than one million yuan, while celebrities face a situation where they still fail even though they win the case. In this way, is it reasonable to claim compensation with the "favorable" portrait right?
Vol .1
Wang Yibo applied for restriction of consumption for infringing online stores
Recently, the first instance document of Wang Yibo and Hangzhou Yuanruan Clothing Co., Ltd. was made public.
document shows that the plaintiff Wang Yibo claimed that the defendant used Wang Yibo's photos to promote products in the 13 product pages sold in the online store involved without permission, infringing on his portrait rights.
The defendant Yuanruan Company argued that the online store involved in the case was now in the cancellation stage due to failure to make a profit, and the company is currently operating in difficulty, so he requested the court to determine the amount of compensation at its discretion.
After the court's trial and determination, the 13 clothing products sold in the store involved used the words "Wang Yibo's same style" in the name of the product, and the sales page used Wang Yibo's photos for promotion.
The court held that the defendant used his portrait without the plaintiff's consent, and the purpose of making a profit was obvious, which constituted an infringement of the plaintiff's portrait rights. In the end, the court ruled that Yuanruan Company apologized in writing to Wang Yibo and compensated for the economic losses of 20,000 .
Vol .2
Medical beauty institution infringes on the rights of Zhao Liying and refuses to compensate him as a deadbeat
Comprehensive media and judicial documents website, recently, several judgment documents on Zhao Liying's rights protection have been made public.
According to statistics, many medical beauty -related companies have used their portraits and names without authorization from Zhao Liying to use their portraits and names for commercial activities. After the judgment, these companies must compensate Zhao Liying a total of 980,000 yuan.
Among them, a company in Hebei became a "deadbeat" for refusing to perform compensation.
related documents show that Hebei Zhenhuihan Medical Beauty Service Co., Ltd. and its legal representative have added a new consumption restriction order, and the applicant is Zhao Liying. At the same time, the company also refused to fulfill its obligations to determine the effective legal documents because it has the ability to perform and was listed as a dishonest debtor.
Hebei Zhenhuihan Medical Beauty Service Co., Ltd., without Zhao Liying's permission, used Zhao Liying's portrait and name on the exhibition's promotional posters and product shopping bags for profit, infringing on Zhao Liying's portrait rights and name rights. He was sentenced to apologize to Zhao Liying and compensate for economic losses and reasonable expenses for a total of .18 million .
Vol .3
Su Bingtian sued New Oriental again. There were 4 other lawsuits on the same day
On October 8, Su Bingtian sued New Oriental's affiliated companies again, which caused heated discussions on the Internet.
The case is a dispute over network infringement liability and will be held on October 27 in Beijing Internet Court . On the same day the case was heard, Su Bingtian, including New Oriental's affiliated companies, wanted to fight five lawsuits on the Internet tort liability dispute.
This is the two times Su Bingtian sued New Oriental subsidiary in two months.
Previously, Nanjing Gulou New Oriental Continuing School was sued by Su Bingtian for suspected online infringement. It is reported that Nanjing Gulou New Oriental Continuing School was established in 2002, and its legal representative is Yu Minhong . On August 24, a relevant person in charge of New Oriental told the media that it is inconvenient to respond to this matter.
Previously, Su Bingtian had sued the property for infringement. In response to this, the official Weibo of Dewu said that he apologized to Su Bingtian and would contact him to communicate with the corresponding compensation.
Vol.4
Yang Song Qian Gao Yuanyuan sued Gengmei Infringement final trial was compensated
Recently, the second instance documents of the Internet infringement liability disputes of Beijing Perfect Creative Technology Co., Ltd. and Song Qian, Yang Yang, Gao Yuanyuan (Gao Yuanyuan) have been made public.
documents show that Beijing Perfect Company’s articles published on WeChat public accounts used multiple portraits such as Song Qian, Yang Yang, Gao Yuanyuan, etc. to attract the attention and reading of relevant publics. In the first instance, the plaintiff was sentenced to compensate the plaintiff html ranging from 530,000 yuan to 60,000 yuan .
Perfect Company believes that the articles it published are information-related, involving the pictures from the Internet, and has no subjective commercial promotion or promotion purposes, and appeals to revoke the first-instance judgment.
However, the court held that the first-instance judgment determined the facts clearly and the application of the law was correct, and should be upheld. The final judgment rejected the appeal of Perfect Company .
Conclusion ✦
Conclusion
Conclusion
Secretary-General of the Advertising Spokesperson Committee of the China Advertising Association once said: "Some brands are not afraid of defendants' infringement. (Compared with the high endorsement fee) and will be compensated."
The infringing companies refuse to fulfill their legal obligations and refuse compensation from time to time. For example, in the above article, medical beauty institutions are listed as deadbeats and do not pay. What's more, even public apology passively avoids it. There are also a considerable number of small companies that "get away after taking advantage of the popularity", and reach the point of compensation, even if they "have the intention, they will not be able to save money."
If a company wants to sign a popular star, compared with the sky-high endorsement fee, the portrait rights infringement fee of several thousand yuan to hundreds of thousands of yuan seems to be more "cost-effective" than the sky-high endorsement fee.
If the company loses money, it can still maintain it, and it can use celebrities to gain popularity again, especially in many cases such as the fact that it has obtained a small number of copyrights but has expanded its scope and is still used for expired copyrights. It is difficult for consumers to distinguish which one is right and which one is wrong.
Therefore, overall, the infringement of celebrities is still profitable. If it is always judged by infringement of portrait rights, there is no high punitive damages, similar infringement cases will also resume in the short term, one after another.
(This article only represents the author's views and does not represent the position of intellectual property)
