[Cai Zhi Headline] Liu Xiang and Su Bingtian have successively sued New Oriental
Author:China Well -off Time:2022.08.27
Picture source: New Oriental WeChat public account
Two "Asian Flying Man" successively sued Yu Minhong!
Due to the use of portraits for unauthorized use of portraits, Liu Xiang sued Beijing New Oriental's future abroad in July. Who would have thought that one month later, Su Bingtian sued Nanjing New Oriental for the same reason and will be held in the Guangzhou Internet Court on September 23.
It is worth noting that this is not the first prosecution of Su Bingtian. Since this year, Su Bingtian has prosecuted more than a dozen companies.
At that time, netizens were surprisingly worried that the lawsuit would not affect the lawsuit on Su and Yu. They believed that both parties were "not bad", and there was no need to work hard to work hard to work hard.
Zhang Tailai, a commentator of the Qilu Evening News, believes, "Small money is small, and infringement is big. We are happy to see more celebrities and stars in the face of similar problems. Whether it is the maintenance of its own legitimate rights or the improvement of the public's awareness of the rule of law, it is greatly beneficial. "
A lawsuit, two celebrities
Not long ago, New Oriental published an article on its own public account "New Oriental American Middle School "-" From Liu Xiang 8 years ago to Fu Yuanhui this year, China is really strong. "
Due to a few portraits of Liu Xiang's portrait in the article, Liu Xiang issued a right to defend his right to sue Beijing New Oriental Prosperity Consultation Co., Ltd., and asked the company to stop infringement; 2. Public apology, apologized for 60 consecutive days of compensation on newspaper media and public accounts for 60 consecutive days. 3. Compensation for economic losses and psychological damage 150,000 yuan and rights protection expenditure of 5,000 yuan.
On April 26 this year, the Beijing Municipal People's Court tried that the infringement was mild, ordered the new Oriental to apologize for the future, compensating Liu Xiang's economic loss of 6,000 yuan, and rejected Liu Xiang's other litigation requests.
Photo source: Enterprise Check
At the same time, Liu Xiang was still rejected by the second instance due to the results of the first instance, and at the same time, he had to pay a case acceptance fee of 1045 yuan.
As we all know, Liu Xiang is a 110 -meter -free athlete and is known as the "Asian Flying Man". So far, he is the only Grand Slam player who won the Olympic Games, World Championships, and International Field Grand Prix. His name is like thunderous. When he was at the peak of his career, the endorsement fee was quite amazing. According to media reports in 2008, Liu Xiang's endorsement price reached 15 million yuan.
The new Oriental, which was founded by the legal representative of the defendant Yu Minhong, was known as the "Huangpu Military Academy" in the education and training industry, and was also a well -known star entrepreneur. New Oriental, which was listed on the New York Stock Exchange in September 2006, was facing huge pressure on transformation, and now it rely on the live broadcast again. In 2022, Yu Minhong ranked 3031st in the 2022 "Hurun Global Rich List" with a net worth of 7 billion yuan.
Whether Su Bingtian or Yu Minhong, his fame and influence have already surpassed their respective circles, and have a large number of fans in all sectors of society.
The two people with such a good reputation still have "network infringement liability disputes", so that they have made a lot of people who want to be in charge of the book, which is unexpected.
Twelve companies sued within the year
Breaking the Asian record with a score of 9 seconds 83 and became famous in World War I. This is another Su Bingtian, who is known as "Asian Flyer".
As a result, Su Bingtian has become one of the most commercially valuable track and field athletes in China. According to incomplete statistics, Su Bingtian successively took over 20 business endorsements including Xiaomi, China Merchants Bank, Golden Dian, Seven Wolf, Jianlibao, and SF City. According to reports, Su Bingtian's endorsement fee for Xiaomi was about 5.2 million yuan a year.
Due to Su Bingtian's high popularity and business value, he often fell into a "portrait power" lawsuit like Liu Xiang.
Today, Su Bingtian has a pair of new Oriental.
According to the investigation of the enterprise, recently, the opening announcement information of the newly added online infringement responsibility disputes in Nanjing Gulou New Oriental Training School. The court is the Guangzhou Internet Court.
Photo source: Enterprise Check
In fact, this is not the first time that Su Bingtian prosecuted related companies for online infringement. Not long ago, Su Bingtian had sued another similar case.
According to the Guangzhou Daily, in July 2022, Su Bingtian and the Condition Dispute dispute (portrait dispute over portrait rights disputes) of Shanghai Installation Information Technology Co., Ltd., a Demobu APP affiliated company.
Later, I responded that the incident was that in August last year, Su Bingtian set a new Asian record in the men's 100m semifinals in the Tokyo Olympics. Out of his love for Su Bingtian, the editor of the public account operator of the material public account released "Su Bingtian is the" Su Bingtian is the True Saiya? Double Chefs are ecstatic XDM! "" In this tweet, the editor used unauthorized portrait diagrams due to negligence. After discovering the problem, the tweet has been deleted. The company will contact the corresponding compensation and will be reviewed to the content of the public account.
Picture source: gain
According to the information of the referee document network, Su Bingtian once told many well -known enterprises due to portrait disputes, including Shijiazhuang Country Garden Real Estate Development Co., Ltd., Shenzhen Tencent Computer System Co., Ltd., Changan Ford Automobile Co., Ltd., Everbright Bank Xiamen Branch, etc. Twelve companies have been sued in the year, with a compensation amount of 3,000 yuan to 205,000 yuan.
Su Bingtian safeguarded his rights and interests through legal means. However, his claims have also been rejected.
According to the referee document network information, in a number of civil rulings sued by Su Bingtian, the court believes that the use of the portrait of Su Bingtian's portrait is positively promoted, and it does not directly use Su Bingtian's portrait and name to promote Su Bingtian as its product or brand. In terms of endorsement, the public will not misunderstand this and reject Su Bingtian's appeal. "Portrait" battle of teaching and training institutions
"Two Flying Man" successively sued the teaching and training institutions to the court.
Recently, Century Gold Bang Group Co., Ltd. has added a newly -opened disclosure announcement information for online infringement liability disputes. The plaintiff is Su Bingtian. Essence
Photo source: Enterprise Check
Public information shows that Century Gold Bang Group Co., Ltd. was established in 2002. It is a large private institution with education book development as its main business and has the nation's total distribution rights.
This is not the first time that the "portrait power" between the teaching and training industry and the stars.
As early as 2017, the actor Zhou Dongyu had sued Hujiang's education to infringe the right to portrait. The latter was accused of using 12 photos of Zhou Dongyu in the WeChat public account tweet without permission. In the end, the court ruled that Hujiang Education apologized to Zhou Dongyu and compensated 25,200 yuan.
The actor Jin Dong also sued Hujiang Education. The reason was that the Hujiang Education was not allowed, and Jin Dong's photos were used for profit business propaganda. In the end, the court judged that Hujiang Education compensated 70,000 yuan and apologized in writing.
However, lawsuits may not just be a matter of money.
For New Oriental, it may not be nothing to compensate Liu Xiang for 6,000 yuan, but Su Bingtian and Liu Xiang's successive prosecution really discredited the reputation of New Oriental.
Not a matter of money
As sports stars and well -known entrepreneurs, Su Bingtian and Yu Minhong are not bad, and lawsuits seem to be worthless, but this is not the case.
"Everyone's legitimate rights cannot be violated. When the legitimate rights are violated, they have the right to pick up legal weapons to protect their legitimate rights and interests. Not bad money should not be infringed. Good corporate image is not a reason to infringe on the legitimate rights of others. "Qilu Yitian commentator Zhang Tailai said.
Specific to this case, as a sports star, Su Bingtian's probability of being stolen by enterprises is much higher than ordinary people. In June this year, Su Bingtian also sued Shanghai Installation Information Technology Co., Ltd. for the same reason. Portrait of sports stars is frequently stolen, which brings not only economic losses, but also psychological and mental harm. Su Bingtian sued New Oriental and Shanghai to consider to safeguard his legitimate rights, and at the same time, through such a lawsuit, to avoid more infringement. This is legitimate and deserved to be supported.
For New Oriental, Yu Minhong is in charge of the huge enterprise and cannot participate in every advertising planning of each branch. In this sense, the branch of the name of the name of the branch stole the portrait disputes of online infringement in illegal laws and regulations. Yu Minhong may not know beforehand. Such a lawsuit is also basically no damage to Yu Minhong's positive image.
Therefore, it is necessary for the Su and the two to be more true, take the lawsuit seriously, and use this case to let more people understand the liability of infringement and strengthen the awareness of the rule of law.
(WeChat public account "Caizhi Headline" comprehensive from: China Business Daily, Daily Economic News, Qilu One Point, Guangzhou Daily, etc.)
Edit: Bai Jing
School pair: Yuan Kai
Review: Gong Zimo
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