Huang Bo Sheng's lawsuit, 1 million compensated in the first instance!The infringer has "bargain": Is it okay to pay 30,000?

Recently, Huang Bo and Shandong Dingweikang Organic Food Co., Ltd. (hereinafter referred to as "Ding Weikang Company") Named rights disputes on civil disputes were announced.

According to the first trial, Ding Weikang was sentenced to compensate the plaintiff Huang Bo's economic loss of 1 million yuan and the cost of rights protection of 2820 yuan.

Public information shows that Shandong Dingweikang Organic Food Co., Ltd. was established in December 2019 and has a registered capital of 8 million yuan. The legal representative is Chen Fu, and its business scope includes sales and online sales: pre -packaged food, bulk food industry.

The court identified:

Huang Bo's portrait rights and name rights are infringed

The court determined that Huang Bo was a film and television actor; the defendant was other limited liability companies with business management consulting, business information consulting, sales and online sales of pre -packaged foods and bulk foods. The right holders of Dingweikang Trademarks are Shandong Corbald Food Co., Ltd. (hereinafter referred to as Corbalile Company), and Corbald Corporation authorized Dingweikang to use Dingweikang trademarks in product production and sales matters.

Huang Bo advocated that Dingweikang Company did not authorize the "Dingweikang" brand Japanese -style small round cake, Xiaomi pancake, Japanese -style small black cakes and other products, which were unauthorized by Huang Bo's authorization, Huang Bo's portrait and name, and use Huang Bo's image name to distribute it to more than 40 subjects such as group buyers, distributors, and accompanies "brand spokesperson: Huang Bo" and "famous snacks that the famous film emperor also loves" "Huang Bo's endorsement Xiaomi pancakes" and other words were publicized, infringing the right to portrait and name of Huang Bo.

Huang Bo, video screenshot

Dingweikang's claim that its right to use Huang Bo's portrait and name on the product is as follows: Guangzhou Shengshi Huanyu Film and Television Culture Media Co., Ltd. (hereinafter referred to as Shengshi Company) authorized Shanghai Henan Food Co., Ltd. The finished and promotional pictures and posters of the audiovisual products of the movie "101 Marriage", Henan can choose to use the "Lucky Bear" brand for random gift disc prop. "Trademark products.

Huang Bo said that he has never authorized Henan and Ding Weikang Company to use Huang Bo's portrait and name. The portrait pictures used by Dingweikang Company are not Huang Bo's image in the movie "101 Marriage", but Huang Bo is New Oriental Photos taken by brand endorsement.

In addition, Huang Bo sent a lawyer's letter to Dingweikang Company on April 1, 2020, but the Dingweikang Company did not stop the infringement after receiving the lawyer's letter. The product sales information issued by Dingweikang Company or Ding Weikang Company, the sales information of the product sales, has further expanded the infringement consequences.

The court believes that the right to portraits and names of natural persons is protected by the law and shall not use the portrait of citizens without the consent of myself. In this case, according to the facts found, Dingweikang Company uses Huang Bo's portrait and names in a number of food packaging in its production and sales without permission of Huang Bo, and has authorized multiple dealers to pass a variety of dealers through multiple types of through multiple dealers. The channels are promoted and sold for their products. Ding Weikang's behavior has the obvious characteristics of using portraits and names on the purpose of profit, forming an infringement of Huang Bo's portrait rights and name rights.

Dingweikang Company: 1 million yuan compensation is too much!

Court: The loss advocated by Huang Bo is not improper

It is worth noting that for Huang Bo's economic loss of 1 million yuan, Dingweikang stated that the company's scope of infringement of portrait rights is limited, and it is impossible to cause Huang Bo's economic loss of 1 million yuan. Less than a year after the establishment of Dingweikang Company, it has encountered an epidemic since its establishment. The business foundation is very weak. After Dingweikang is also commissioned by Henan, it has begun to produce and sell products that use movie copyrights. The sales time is less than reached. Two months, there was no profit, and the recall and destroyed packaging materials reached more than 100,000 yuan. Therefore, Dingweikang did not have the ability to pay such a high amount of compensation. But in order to express apology, Dingweikang was willing to pay Huang Bo 30,000 yuan as compensation.

In order to prove the value of Huang Bo's business endorsement, Huang Bo submitted the "Advertising endorsement contract" signed by Shanghai Zhengxin Food Co., Ltd. (Party A) and Shanghai Hanya Film and Television Culture Media Co., Ltd. (Party B) bill. The "Advertising endorsement contract" shows that Party A hires Party B artist Huang Bo as the spokesperson for Party A's "Zhengxin Chicken Chop" product. From April 1, 2018 to March 31, 2020, the endorsement fee is ** *10,000 yuan.

Dingweikang said that the company's establishment time is short, the sales of the sales involved in the sales are short, and there are no profits. Ding Weikang only uses the portrait of Huang Bo. It is different from the rights and obligations of the endorsement. Compensation amount.

The court believes that about economic losses, Huang Bo as an entertainer has a high degree of social reputation. Its portraits and names have a certain commercial utilization value. And the economic interests contained in the name are damaged. In terms of specific compensation, Dingweikang Company's use of Huang Bo's portraits and names can easily make the general public mistakenly believe that there is a brand endorsement relationship between Huang Bo and Dingweikang Company. The specific infringement plots and faults of Weikang Company believed that the court believed that Huang Bo claimed that the amount of economic losses was not improper, so he supported the request.

(Source: Daily Economic News, Beijing Court Trial Information Network) [Editor: Wang Yujin]

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