This article is compiled from public information. The Beijing Court Trial Information Network published a piece of information that attracted the attention of the Ceramic Information Network: "The Second Instance Civil Judgment of the Online Infringement Liability Dispute between

This article is compiled from public information.

The Beijing Court Trial Information Network published a piece of information, which attracted the attention of the Ceramic Information Network: "The second-instance civil judgment on the online infringement liability dispute between Liu Tao and Chaoan District Xlan Sanitary Ware Co., Ltd., Chaozhou City" shows that the second-instance "upheld the original judgment." In the previous first instance, Xlan Sanitary Ware was sentenced to compensate Liu Tao 100,000 yuan.

Tao Sir learned through the Judgment Document Network that from 2016 to the present, the well-known film and television actors infringed by Tao Wei Enterprises are not only Liu Tao, but also include Ge You, Huang Bo, Ruby Lin, Ren Xianqi, Zhou Dongyu, Zhou Haimei, in addition to Su Bingtian, Chen Long, etc. Famous sports players.

In the above-mentioned infringement cases, basically infringed the right of portrait or name; Judging from the amount of compensation awarded by the court, the highest was 100,000 yuan, and the lowest was only 8,000 yuan.

Liu Tao claimed 1.012 million yuan and Xlan Bathroom was ordered to pay 100,000 yuan

According to the content of the first-instance judgment, the plaintiff Liu Tao learned in March 2020 that the defendant Xlan Bathroom used multiple portraits of the plaintiff in prominent positions on its official website homepage, and Attached is the text "Famous film and television star: Liu Tao" and the plaintiff's signature.

In addition, the defendant also operated the corporate Douyin account "Xlan Smart Bathroom" on a Beijing company's Douyin platform and published many videos using the plaintiff's portrait and name for online advertising. Some of the videos reflected The plaintiff's portrait and name were also used in the packaging and offline stores of the products sold by the defendant for commercial publicity and promotion.

Plaintiff Liu Tao has not authorized defendant Xlan Sanitary Ware to use his portrait and name for commercial promotion on the Internet platform, nor has there been any cooperative relationship with him. Therefore, defendant's behavior has been suspected of infringing the plaintiff's right to portrait and name.

Therefore, Liu Tao claimed compensation for economic losses of 1 million yuan and a reasonable expenditure of 12,000 yuan for rights protection costs, totaling 1.012 million yuan. The court of first instance, after identifying various facts and evidence, ruled on January 29, 2022 that “the defendant made a public statement on the official website and Douyin account involved in the case to eliminate its previous unauthorized use of the plaintiff’s portrait and name. "The impact of the public misunderstanding that the behavior may cause" and "The defendant paid 100,000 yuan in compensation for economic losses to the plaintiff" and other judgments.

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Liu Tao was dissatisfied with the judgment of the first instance court and filed an appeal. In the end, the second instance court made a judgment of "rejecting the appeal and upholding the original judgment" on June 14, 2022.

Tao Sir found on the official website of Xlan Sanitary Ware on June 27 that it had published an "Elimination Statement of Impact" article in the news center on June 15. The last paragraph of the article is "Our company hereby solemnly clarifies that Ms. Liu Tao does not endorse our company's products, nor has she authorized our company to use her portrait or name. Our company does not have any cooperative or affiliated relationship with Ms. Liu Tao."

Well-known film and television actors infringed by Tao Wei Enterprises: Ren Xianqi claimed 3.22 million yuan and Huang Bo claimed 1.15 million yuan

Tao Sir learned through the Judgment Document Network that from 2016 to the present, well-known film and television actors infringed by Tao Wei Enterprises include Ge You, Huang Bo, and Ruby Lin , Ren Xianqi, Zhou Dongyu, Zhou Haimei, etc.

1, Huang Bo and the defendant Foshan X Zheng Ceramics Co., Ltd. are involved in an online infringement liability dispute, claiming compensation for economic losses of 1 million yuan, mental damage consolation of 100,000 yuan, and reasonable rights protection costs of 50,000 yuan, totaling 1.15 million yuan. The court ruled that the defendant immediately stopped the infringement and publicly apologized, and compensated the plaintiff Huang Bo for a total of 72,500 yuan, including compensation for economic losses of 70,000 yuan and reasonable expenses of 2,500 yuan.

2, Ren Xianqi sued the defendant Wuhan XX Youpin Plumbing and Sanitary Ware Co., Ltd. and the defendant Beijing XX Shunda Trading Co., Ltd. for a dispute over image rights, claiming a claim for economic losses of 3 million yuan, a solitary payment for mental damage of 200,000 yuan, and reasonable rights protection costs such as notary fees. The expenditure is 20,000 yuan, totaling 3.22 million yuan.After the facts were found, the court ruled that the defendant should immediately stop the infringement and publicly apologize, and compensate the plaintiff Ren Xianqi a total of 65,000 yuan, including 55,000 yuan in compensation for economic losses and mental damage, and 10,000 yuan in rights protection costs such as notary fees.

. Lin Xinru and the defendant Foshan Xwei Ceramics Co., Ltd. filed a dispute over image rights, claiming economic losses of 180,000 yuan and necessary expenditures for rights protection of 5,000 yuan, totaling 185,000 yuan. The court ruled that the defendant publicly apologized and compensated the plaintiff Ruby Lin in total 61,000 yuan, including 60,000 yuan in economic losses and 1,000 yuan in necessary expenditures for rights protection.

5, Zhou Dongyu and the defendant Guangdong X De The court ruled that the defendant made a public apology and compensated the plaintiff Zhou Dongyu in total 20,000 yuan, including economic losses of 19,000 yuan and reasonable expenses of 1,000 yuan.

6, Ge You sued the defendants Foshan Xlong Building Ceramics Co., Ltd. and Shenzhen XX Computer System Co., Ltd. for a portrait rights dispute, claiming economic losses of 200,000 yuan and reasonable expenses such as rights protection costs of 10,000 yuan, for a total of 210,000 yuan. The court ruled that the defendant Foshan Xlong Building Ceramics Co., Ltd. publicly apologized and compensated the plaintiff Ge You 8,000 yuan.

Tao Wei Enterprises infringed sports athletes: Chen Long claimed 133,000 yuan, Su Bingtian reached a settlement with the defendant

In addition to well-known film and television actors, Tao Wei Enterprises also infringed well-known sports athletes Chen Long and Su Bingtian, and the infringements were all portrait rights.

1, Chen Long and the defendant Guangdong X1X Building Materials Co., Ltd., a dispute over portrait rights, claiming economic loss of 100,000 yuan, mental damage consolation of 30,000 yuan, notary fees, transportation fees, and copying fees of 1,000 yuan each, a total of 133,000 yuan Yuan. The court ruled that the defendant publicly apologized and compensated the plaintiff Chen Long a total of 51,000 yuan, including economic losses of 50,000 yuan and notary fees of 1,000 yuan.

The verdict shows that Chen Long learned of the defendant’s unauthorized use of his photos in October 2016. Public information shows that before this, Chen Long had won the men's singles championship in many events such as the World Championships and the Olympic Games, and was a well-known badminton player in my country.

2 and Su Bingtian had lawsuits with two ceramic companies, namely: Su Bingtian and the defendant Foshan X Duo Su Bingtian and the defendant Foshan Nanhai XX Ceramics Co., Ltd.'s portrait rights dispute case, The case was withdrawn because the plaintiff Su Bingtian reached a settlement with the defendant.

The above two cases related to Su Bingtian both occurred in 2016. Before that, Su Bingtian had become the first Asian native athlete to break the 10-second mark in the men's 100-meter race. In August 2021, Su Bingtian set another Asian record of 9.83 seconds.