Huang Bo was a prosecution, and he was compensated for 1 million
Author:Hubei Daily Time:2022.08.28
recently
Well -known actor Huang Bo
And Shandong Dingweikang Organic Food Co., Ltd.
Civil Dispute Civil Civil Trial Judgment Announcement
According to the first trial judgment
Dingweikang was sentenced to compensation for the plaintiff Huang Bo
Economic losses of 1 million yuan, rights protection cost 2820 yuan
According to the referee document display
The plaintiff Huang Bo complained
Dingweikang Company has not been authorized by Huang Bo
The "Dingweikang" brand that it operates without authorization
Japanese -style small round cakes, millet pancakes, Japanese -style small black cakes, etc.
Outsourcing of multiple products
Use Huang Bo's portrait and name
and
It uses the name of Huang Bo's statue without authorization
Production material distribution
More than 40 entities such as group buyers and distributors
And attached "Brand Spokes: Huang Bo"
"Famous film emperor Huang Bo also loves small snacks"
"Huang Bo's endorsement Xiaomi pancake" and other words to declare
Edem the right to portrait and name of Huang Bo
Video screenshot
The facts of the court's trial show
Huang Bofang once sent a lawyer's letter to Dingweikang Company
But Dingweikang Company
After receiving the letter of the lawyer, the infringement did not stop
The consequences of infringement further expand
The court believes
Dingweikang Company composition
The infringement of Huang Bo's portrait rights and name rights
Consider Huang Bo's professional identity and endorsement remuneration
Ding Weikang Company
Specific infringement plots, error degree, etc.
It is believed that Huang Bo claimed that the amount of economic loss of 1 million yuan
Nothing
finally
Court judgment Ding Weikang Company
Public apology to Huang Bo
And compensate for economic losses of 1 million yuan
Rights protection cost 2820 yuan
It is worth noting
For Huang Bo's economic loss of 1 million yuan
Dingweikang said
The scope of the company's infringement of portrait rights is limited
It is impossible to cause economic loss of 1 million yuan to Huang Bo
The company said
It has been established for less than a year
The sales of the sales involved in the shortcomings are short and do not create a lot of profits
And I just used Huang Bo's portrait
Different from the rights and obligations of endorsement
Can't determine the amount of compensation according to the standard of endorsement fees
The court believes that about economic losses
Huang Bo as an entertainer
Has a high degree of social visibility
Its portrait and name
It has a certain commercialization value
Ding Weikang Company to Huang Bo
The infringement of portrait rights and name rights
It is bound to lead to the portrait and name of Huang Bo
Including economic interests damaged
Before
Some celebrities have tied up to prosecute corporate infringement
Most of them are "endorsement"
The reputation right and portrait dispute over portrait
Source: Beijing Court Judgment Information Network, Daily Economic News, China Fund, Yangcheng Evening News
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