Well -known actor sued Fengchao

Today (September 20), "Gong Jun claims 1.01 million to Fengchao Express Cabinet".

According to Tianyan Charity Industrial and Commercial Information, the actor Gong Jun and Shenzhen Fengchao Technology Co., Ltd. (hereinafter referred to as Fengchao Company) have recently been released.

The document shows that the plaintiff Gong Jun said that the display interface of the defendant Fengchao Company in the "Fengchao" express cabinet across the country was put on a variety of pictures containing the portrait of Gong Jun, and all of them were marked with "Teacher Gong" in a significant position next to the portrait. Wait, use Gong Jun to attract traffic for his brand to achieve the effect of advertising, and at the same time collect the investment costs, which has obvious commercial profitability.

The plaintiff said that the defendant was good at the plaintiff's name and portrait in a "false endorsement" way to infringe the right to the plaintiff's name and portrait rights. Therefore, the court requested the defendant to compensate the plaintiff for a total of 1.01 million yuan in economic losses.

In this regard, the reporter asked Fengchao on this matter, and the other party responded that the court's final ruling was subject to.

Screenshot Source: Beijing Court Judgment Information Network

According to the documents disclosed by the Beijing Court Judgment Information Network, the plaintiff learned that the defendant's "I want to dominate the screen" section in the WeChat public account "Fengchao Smart Cabinet" through its official registration and operation provided a paid -to -screen service to the public. After choosing the time to cast the screen and the target of the "Fengchao" cabinet of the screen, you can pay it. After the completion of it, the defendant's review personnel can be approved and approved to drop the screen normally at the agreed time. According to evidence collection, the defendant was launched in large areas of large cities such as Beijing, Chongqing, Changchun, Haikou City and other cities and used the above pictures.

The plaintiff requested a lawsuit to the court: including the order of the defendant immediately withdrew the pictures of the plaintiff's name and portrait, which was released nationwide to stop the infringement; The smart cabinet "and the official WeChat public account" Fengchao Smart Cabinet "publicly apologized to the plaintiff; ordered the defendant to compensate the plaintiff for compensation for economic losses of 1 million yuan, and the cost of rights protection was 10,000 yuan, and the total of the above a total of 1.01 million yuan.

"I want to dominate the screen" is one of the main functions of Fengchao smart cabinet. The reporter noticed that at present, the user clicks to enter the functional service area, and it can still be uploaded and specified by the show and the cabinet of the show. After paying a certain fee, the "dominant screen" function is achieved. The placement rules are 2 yuan per day, and the number of days (display) is 5 days. This function is also regarded by many fans as one of the channels for "love beans" and sending blessings.

However, it is worth noting that, for the issue involving intellectual property rights, Fengchao's user agreement mentioned that "you posted the content of uploading uploading when using Fengchao Da screen (including but not limited to text, pictures and other forms of content, etc. And all compositions such as portrait portraits, names, etc. included) are all legal authorized (and containing authorization), and the scope of the authorization must ensure that Fengchao's copy and transmission of Fengchao Ding screen service, transmission, transmission, and transmission, transmission, transmission, and transmission, and transmission, transmission, transmission, and transmission, and transmission, transmission, and transmission of Fengchao Ding screen service, transmission, transmission, and transmission, and transmission, transmission, transmission, and transmission, and transmission, and transmission of Fengchao Bhard screen service, transmission, transmission, and transmission, and transmission, and transmission, transmission, and transmission, and transmission, and transmission of Fengchao Ding screen service, transmission, transmission, transmission, and transmission, and transmission, and transmission, and transmission, and transmission, it is transmitted. The rationality such as display and storage has corresponding legal sources. Fengchao will not constitute a violation of the relevant right holder because you provide Fengchao ’s screen service."

In this regard, 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, pointed out to reporters that if Fengchao company directly uploaded Gong Jun's portrait and used its name, it was not authorized, but it was not authorized. Eda Gong Jun's right to portrait and name. If the users of Fengchao uploaded Gong Jun’s portrait and used their names through their applets, and purchased Fengchao’s screen service, so that Gong Jun’s portraits and names are displayed on the express cabinet display interface, then it should be time Users constitute direct infringement.

"Although Fengchao provides users with network services, the information released by the user should be displayed on its display interface, and it deserves to reach higher attention obligations, and the user pays for the purchase of the Bhard screen service That is, Fengchao also directly obtain economic benefits from the user's infringement. Therefore, Fengchao Company helps infringement for the direct infringement of users. "Zhao Occupy said," The court determines that the infringement is constituted, and the defendant will generally stop the infringement. Apology and compensation for losses. As for the amount of compensation for the verdict, it is generally determined according to the subjective fault, the size of the infringement, the length of duration, and the popularity of the original defendant. "

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