Bruce Lee's daughter claims 210 million, can the trademark of real kung fu still be kept?

On the 25th, Li Xiangning, the daughter of Bruce Lee, sued the case of real kung fu, and finally ushered in the trial. At the same time,#与 Bruce Lee's daughter claims 210 million from real kung fu fast food#on Weibo hot search.

For more than ten years of copyright disputes, the coffin is finally concluded?

Calculating 1310 million

Isn't real kung fu "real kung fu"?

The classic yellow kung fu trademark of the real kung fu is well known to the Chinese people because of the same expression and posture as Bruce Lee. However, few people know that this image has not been authorized by Bruce Lee and his relatives.

In 2019, there were media reports that real kung fu catering was sued by Bruce Lee Enterprise, LLC (Li Bruce Lee Co., Ltd.) legal representative -Li Xiangning, Li Xiangning, to Shanghai Second House. After two years, the lawsuit finally ushered in the trial on August 25.

In the litigation request disclosed in 2019, the plaintiff requested that the real kung fu immediately stopped using Bruce Lee's image, clarified that it had nothing to do with Bruce Lee on the media layout for 90 consecutive days, and asked the court to order the real kung fu to compensate its economic loss of 210 million yuan, and the reasonable protection of rights protection was reasonable. The expenditure was 88,000 yuan.

In this regard, many netizens expressed surprise: "I thought it was authorized and supported rights protection!" "The prosecution is right. At first glance, I think it is Bruce Lee, and 90 % of the people think it is Bruce Lee. "" I went to eat this, I thought it was Bruce Lee spoke. "

The official website shows that the former "168 Dessert House", formerly the "168 Dessert House", was founded in 1990, and has experienced the attempt from the "168 dessert house" and "168 steamed shop" to "double seed" catering brand.

Entering the millennium, Ye Maozhong's marketing planning team planned for real kung fu. At that time, martial arts were swept throughout the country. Therefore, after finalizing the Chinese catering style, his team was inspired by Bruce Lee, the king of Kung Fu, and chose the image carrier of "Kung Fu" for the real kung fu.

In April 2004, real kung fu officially applied for a trademark exactly like Bruce Lee's image. Screenshot is from China Trademark Network.

In April 2004, real kung fu officially applied for a trademark exactly like Bruce Lee's image, and opened the first true Chinese fast food restaurant in the same year, and has since ushered in rapid development.

True Kung Fu once responded:

Will not seek out -of -court reconciliation

According to media reports, at present, in the United States and most countries and regions, Bruce Lee's image, name and other trademark patents are exclusive to Bruce Lee, Foundation, and Li Xiangning mother and daughter.

In 2010, Li Xiangning had returned to China to defend his rights from the United States on the issue of Bruce Lee ’s trademark, and mentioned the dissatisfaction with the media that he had the need to defend his rights.

Data map: Bruce Lee Li Linda and her daughter Li Xiangning attended the 75th anniversary of Bruce Lee's birthday. Photo by China News Agency reporter Hong Shaoui

According to media reports, the Trademark Bureau of the State Administration for Industry and Commerce issued a formal resumption in 2010, saying that "Bruce Lee and its English name 'Brucelee' 'right to develop and utilize them. Registration is used for trademarks, which can easily cause consumers to misunderstand and have adverse social impacts. "

Regarding Li Xiangning's prosecution, real kung fu responded in the case in 2019: "The series of trademarks of the real kung fu is authorized by the company's application and the State Trademark Office strictly reviewed. We have used it for 15 years. There have been controversy before, but our trademark has not been judged to infringe or revoke an administrative or judicial conclusion. After many years of prosecution, we are also very puzzled. "

True Kung Fu also told CITIC Finance: "We have no infringement and we will not seek out -of -court reconciliation. There is no plan to change the real kung fu brand trademark. There is no factual and legal basis for the claims of 2.1 billion yuan."

Zhongxin Finance has noticed that the current trademark with the image of "Bruce Lee" applied for the real kung fu has eight trademark status as "registered", and the status of 9 trademarks is "Revisible/Invalent to announce the application for review".

Lawyer: Real Kung Fu trademark recognition is high

Or constituted infringement

Facing Li Xiangning's rights protection, real kung fu can be described as tough. So, is there any infringement of the real kung fu trademark?

Zhao Zhao, a lawyer of Beijing Yunjia Law Firm and a special researcher at the Intellectual Property Research Center of China University of Political Science and Law, believes that the case is different from ordinary portrait rights. "Real Kung Fu did not use Bruce Lee's photos directly, but used the method of painting, but its image does have many similar places, such as hairstyles, posture and clothing."

He pointed out that judging whether the case constitutes portrait infringement is mainly because the image used by the defendant can make the general public think that this is Bruce Lee.

Bruce Lee Enterprises, LLC (LLC (Li Bruce Lee Co., Ltd.) litigation materials.

Zhang Xiaoju, a lawyer of Zhongwen Law Firm, said that the composition of the trademark from the words, movements, hairstyles, and the word "kung fu" all reflects Bruce Lee's personal characteristics and has obvious recognition. According to Article 3 of the Supreme People's Court on Several Issues of Determination of Civil Infringement Mental Damage Compensation, the Portrait of the deceased is protected by law. If it is not allowed to use it without permission, the right to harm others will be damaged.

"Now the defendant's trademark is still effective, but the effectiveness of the trademark does not mean that it must not constitute infringement. It depends on how the court eventually determines. I personally think that the possibility of determining that the possibility of infringement is greater." Zhao Occupy said.However, according to Article 45 of the Trademark Law of my country: "Within five years from the date of the registered trademark registration, the trademark review committee may request the trademark review committee that the registered trademark is invalid. For malicious registration, the well -known trademark owners People are not restricted by five years. "

Nowadays, it has been 18 years since the application of real kung fu trademarks, and it is unknown whether the application for cancellation of the trademark can be supported.

Source: Zhongxin Finance, China News Network

Image source: Chinanews.com

- END -