Huang Bowei won the lawsuit and received 1 million!The defendant's company once said that he was unable to pay and was willing to pay 30,000

Recently, due to infringement of well -known actors Huang Bo's portrait and name rights, Shandong Dingweikang Organic Food Co., Ltd. (hereinafter referred to as "Ding Weikang Company") was judged by the court to compensate the plaintiff Huang Bo's economic loss of 1 million yuan and apologized publicly. Relevant judgment shows that the plaintiff Huang Bo asked the defendant to compensate 1 million yuan for Ding Weikang Company, while Ding Weikang said that he was unable to pay such a high amount of compensation, and he was willing to pay Huang Bo to pay 30,000 yuan in compensation.

In addition, the Red Star Capital Bureau noticed that in recent years, Huang Bo has carried out repeated rights protection.

↑ Well -known actor Huang Botu analyzed Oriental IC

According to the first trial judgment announced by the Beijing Court Judgment Information Network, the plaintiff Huang Bo said that in March 2020, it learned that Dingweikang Company did not authorize the Dingweikang brand Japanese -style small round cake, which was unauthorized by his authorization. Xiaomi pancakes, Japanese -style small black cakes and other products have his portraits and names of various products such as a variety of products such as "101" (Starring: Huang Bo) ". In addition, Dingweikang Company also used Huang Bo's portraits and names to make advertising materials and distribute them to group buyers and distributors in various places, as high as 40 subjects, and accompanied by "brand spokesperson: Huang Bo", "famous film emperor Huang Bo I also love the texts such as the small snacks "Huang Bo's endorsement Xiaomi pancake".

However, Huang Bo did not authorize Ding Weikang Company to use his portrait for business propaganda, and he had not had any cooperative relationship with Dingweikang. The purpose of Dingweikang's use of Huang Bo's portrait to promote the Dingweikang brand it operated is to use Huang Bo's influence and commercial value to attract public attention and achieve the effect of advertising. Suspected of infringing the right to portrait and name of Huang Bo. Dingweikang's infringement has affected Huang Bo's normal business endorsement work, causing economic losses to Huang Bo. Apologize. In addition, Dingweikang Corporation required to compensate Huang Bo to Huang Bo's economic loss of 1 million yuan and the cost of rights protection of 50,000 yuan.

Dingweikang's argument that the company was entrusted to process and sell products involved in the process of processing and sales of Shanghai Henan Food Co., Ltd. (hereinafter referred to as Henan Company). Based on Huang Bo's love for Huang Bo, based on the authorization of film and television copyrights and paying the cost of film and television copyright authorization, he obtained the DVD disc's right to jointly publicize the film and television copyright of the movie "101 Marriage". During the propaganda process, in order to avoid the formation of endorsement relationships, Henyan used the expression of "the movie" 101 Proposal "(Starring: Huang Bo) to help the [Bear] brand promotion". The words are promoted, and it is stated that "the purchase of products has the opportunity to get the movie" 101 Proposal "DVD discs", and there is no misleading consumer and malignant infringement. At the same time The use of film and television copyrights in the Secondary Seeking Proposal, even if there is infringement, the scope of its impact is very limited. But in order to express apology, Dingweikang was willing to pay Huang Bo 30,000 yuan as compensation.

The court believes that according to the facts found, Dingweikang Company uses Huang Bo's portraits and names in a number of food packaging in its production and sales without permission, and has authorized multiple dealers to pass a variety of dealers through various types of 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. In summary, the court ruled that the defendant Ding Weikang compensated the plaintiff Huang Bo's economic loss of 1 million yuan and the cost of rights protection was 2820 yuan. And published a statement on the plaintiff Huang Bo's apology at the "People's Court News".

↑ Screenshots of the first instance civil judgment book from the Beijing Court Judgment Information Network

The Red Star Capital Bureau noticed that this is not the first time that Huang Bo has carried out rights.

In 2019, according to the first instance civil judgment of the first instance of portrait disputes in the portrait of Huang Bo and Ruili Jewelry Co., Ltd. released by the Beijing Court Judgment Information Network, the three articles involved in the WeChat public account "Big Bear Emerald" in its certified WeChat public account " There are 32 photos of Huang Bo's portraits. The article involved in the case is about the promotion of emeralds operated by the Big Bear Jewelry Company, which has a profit purpose. At present, the big bear jewelry company failed to provide the legal source of the photo involved, nor did it prove that the photo involved had been approved by Huang Bo, so the behavior of the big bear jewelry company constituted an infringement of the right to portrait of Huang Bo. The court ruled that the defendant Ruili Jewelry Jewelry Co., Ltd. apologized to the plaintiff Huang Bo in writing and compensated the plaintiff Huang Bo's economic loss of 100,000 yuan.

Red Star News reporter Yu Yao Intern Reporter Tang Jian

Edit Tang Huan He Pioneer

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