Huang Bo wins the lawsuit and gets a million yuan!

Recently, Huang Bo and Shandong Dingweikang Organic Food Co., Ltd.'s name rights dispute civil debts were announced. According to the results of the referee, the biscuit brand was sentenced to one million yuan for fabricating Huang Bo's endorsement.

Huang Bo sued the food company's infringement and received a million compensation

The Tianyancha APP shows that recently, Huang Bo and Shandong Dingweikang Organic Food Co., Ltd.'s name rights dispute on civil disputes were announced.

The document shows that the plaintiff Huang Bo complained that Dingweikang Company did not authorize Huang Bo's "Dingweikang" brand Japanese -style small round cake, Xiaomi pancake, Japanese -style small black cakes and other products that he operated and sold. The outer packaging uses the portrait and name of Huang Bo, and it is distributed to the group buyers, distributors, and other more than 40 subjects such as the name of the name of the Huang Bo statue. The small snacks of love "" Huang Bo's endorsement Xiaomi pancake "and other words were promoted, infringing the right to portrait and name of Huang Bo.

The facts of the court's trial show that Huang Bofang had sent a lawyer's letter to Dingweikang, but Dingweikang did not stop the infringement after receiving the lawyer's letter, and the infringement consequences were further expanded. The court believes that Dingweikang Company constituted the infringement of Huang Bo's portrait and name rights, comprehensively considering Huang Bo's professional identity, endorsement remuneration, specific infringement plots, and degree of faults of Dingweikang. The amount of meta -economic loss is not improper. In the end, the court ruled that Dingweikang Company publicly apologized to Huang Bo and compensated the economic loss of 1 million yuan.

It is worth noting that Huang Bofang had previously sent a lawyer's letter to Ding Weikang, but Dingweikang did not stop the infringement after receiving the lawyer's letter, and the consequences of infringement further expanded. In the end, the court judged that Dingweikang Company apologized to Huang Bo, and compensated the economic loss of 1 million yuan, and the cost of rights protection was 2820 yuan.

Public information shows that Shandong Dingweikang Organic Food Co., Ltd., established in 2019, is located in Linyi City, Shandong Province. It is a company that is mainly engaged in software and information technology services. Enterprise registered capital of 8 million yuan. From the perspective of its business scope, including pre -packaged food, bulk food; corporate management consulting, business information consulting, e -commerce consulting services, exhibition and display services, conference services, marketing planning, electronic products, game cards; e -commerce operations and management , Sales of online platforms; sales and online sales.

In fact, this is not the first time that Huang Bo defends his rights. In March of this year, Huang Bo and a construction decoration company in Beijing were announced in the second instance of civil liability disputes on the Internet. The document shows that before, the court of first instance believed that the defendant's personal photos and names did not use the plaintiff Huang Bo's permission without permission to constitute an infringement of Huang Bo's portrait rights and name rights. The results of the court of first instance were that the defendant apologized to Huang Bo and compensated the economic loss of 200,000 yuan. The defendant's company requested the withdrawal of the original judgment and the decision of the complaint, and was rejected to the original judgment. The verdict was the final judgment.

In 2019, because Foshan Hongzheng Ceramics Co., Ltd. used its own portrait and name for commercial propaganda, Huang Bo also filed a lawsuit to the court in order to safeguard his legitimate rights and interests. Compensation for economic losses of 1 million yuan, psychological damage 100,000 yuan, and rational expenditure for rights protection of RMB 50,000. In the end, the court also asked the defendant to stop the infringement immediately after the trial, deleted relevant text and photos, and published a statement on his official website for ten consecutive days to apologize to the plaintiff Huang Bo. , Rejected the plaintiff Huang Bo's other claims.

Enterprises frequently "touch porcelain" stars

Star rights defend waves one wave after another

Recently, a lot of stars prosecuted corporate infringement and looked at the infringement disputes around the stars. Among them, the reputation rights and portrait disputes caused by the "endorsement" occupied a considerable part.

On June 8 this year, Xiao Zhan sued Shenzhen Lihongyuan Trading Co., Ltd. and Yiwu Ruijing Glasses Co., Ltd. to use my portraits and names for the publicity and promotion of stores and products, and maliciously P 今. The court ruled that this behavior violated its portrait rights to win the lawsuit. Lihongyuan Company and Ruijing Glasses Company need to immediately delete the content of infringing the portrait of Xiao Zhan, apologize and compensate Xiao Zhan more than 58,000 yuan and 40,000 yuan.

On June 6, the first instance legal documents of Dili Reba and Guangzhou Yongzheng Trading Co., Ltd. were released. The defendant Yongzheng Trading Company used the plaintiff's name and photo without the consent of the plaintiff's "Primitive Golden Yongzhang Store" without the plaintiff's consent, and used brand spokespersons to promote Essence Make compensation for 50,000 yuan for Dili Reba and apologized publicly. Earlier, Dili Reba has repeatedly sued the original gold camel milk brand related company Guangzhou Yiji Information Technology Co., Ltd.

For example, Liu Haoran sued the food company's infringement case to win the lawsuit, and the defendant had to pay 300,000 yuan. In May this year, Shun Tianyuan Company used Liu Haoran's permission to use Liu Haoran's portraits and signatures for its outsourced packaging, violating its portrait rights and name rights. A total of 300,000 yuan.

For example, Lin Junjie sued Station B and UP Lord, claiming 275,000 yuan.On September 23, 2021, Lin Junjie and Shanghai Kuan Entertainment Digital Technology Co., Ltd. and Xiao Mou's portrait rights dispute were newly delivered to the announcement. Details of the announcement showed that the plaintiff Lin Junjie sued the defendant Shanghai Kuanyu Digital Technology Co., Ltd.In the case of dispute, the defendant asked the defendant Xiao to compensate the plaintiff 250,000 yuan in economic losses, 20,000 yuan in mental damage, and a rational expenditure of rights protection costs of 5,000 yuan, totaling 275,000 yuan, etc.In addition, Yang Mi has also sued many infringements.Yang Mi Studio has released the results of rights protection from April 2019 to April 2021 on Weibo. Among them, there are 6 reputation infringement cases, with 17 portrait infringement cases, with a maximum compensation amount of 250,000 yuan and a minimum of 5,000 yuan.

Source: China Fund News

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