The cartoon toys on the birthday cake make this dessert shop the defendant!

"Every time, it is delivered on time!" Whenever there is difficulties, "Super Flying Man" will come to help! The cartoon "Super Flying Man" is loved by the majority of children, and the image of Le Di, Xiao Ai and other images are deeply rooted in the hearts of the people. Although these cartoon images are cute, however, use careful infringement at will! No, a dessert shop in Guangzhou was claimed for 120,000 yuan because of using the "Super Flying Man" image on the cake.

The birthday cake involved in the case.

"Super Flying Man" image is used on the cake

"Super Flying Man" is a children's animation work created by Aofei Entertainment Co., Ltd. (hereinafter referred to as "Aofei Company"). Many of the cartoon images have a certain reputation and influence of the promotion of animated cartoons. In 2013, Aofei applied for the copyright registration of some of the characters in the cartoon.

In January 2020, Aofei agent and notarized officer came to a dessert shop in Guangzhou together, paid 128 yuan in the store to order a "Little Feixia" birthday cake, and went to the store to receive cakes and the next day to pick up cakes and Other Accessories. The notarization officer notarized the shopping process and issued a notarization. According to a photo after notarization, the cake pre -order records "Little Flying Birthday Cake 128 yuan". There are two aircraft robot -shaped toys on the cake purchased and cakes with an airplane robot -shaped pattern.

The case involved in the cake with an encirclement of an aircraft robotic pattern.

Aofei filed four lawsuits to the court on the four aircraft robots involved in the case, requesting the dessert shop to immediately stop infringing its copyrights such as "Toys -DIZZY (Robot Form)", and asked the defendant to every The infringement of an aircraft robot compensation for economic losses of 30,000 yuan.

The dessert shop argued that the accused of infringing products, that is, aircraft robot -shaped toys and cake fences are they used on the cake after purchasing online. They are only used for embellishment of cakes. They do not sell the toy profit, and there are not many economic benefits.

The Liwan Court ordered that dessert shops immediately stopped infringing on Aofei's "Toys -DIZZY (Robot Form)" and other artistic works of art works, and compensated the economic loss of Aofei Company for the four cases (including reasonable costs including the right to power). Yuan.

Court: It constitutes the right to violate the issuance of issuance, and determine the amount of compensation as appropriate

The Liwan Court believes that "Toys -DIZZY", which claims its rights, is original and belongs to the art works protected by the Copyright Law of my country.

After comparison, the robotic pattern used by the cake surrounding and accessories of the dessert shop is basically the same as the overall shape and visual effects of the case involved, which constitutes substantially similar. The related accessories attached to the cake involved in the cake sold in the dessert shop are used without the authorization of the right person. The dessert store's behavior belongs to the act of providing the copy of the work involved in the case, infringing the right to the issue of the works involved in the case, and in accordance with the law in accordance with the law, in accordance with the law Legal liability for stopping infringement and compensation for losses should be assumed.

Regarding the confirmation of compensation amount. Given that Aofei did not provide evidence that the losses suffered by the infringement, the infringement of the infringement of the dessert store, and the right to use the right to use, comprehensive consideration of the type of art work involved in the case, the image of the work, the popularity of the audience, the work of the works, the nature of infringement, and the nature of the infringement behavior. The degree of subjective fault, the reasonable cost of the infringement behavior, and the sales of four lawsuits for the sales behavior of dessert stores, ordered dessert stores to compensate more than 10,000 yuan (including reasonable rights protection expenses) to Aofei.

Judge said: The business subject must pay attention to the review and protection of intellectual property during the operation

The director pointed out that in the cake shop, the birthday cake with cartoon toys is the most common and most popular cake. Opening the box and seeing the birthday cake decorated with your favorite cartoon toys or images, it is the most surprising and happy thing for every child who is a birthday. The cake with cartoon toys can not only increase the sales of cakes, but also increase the price of the cake.

However, in order to save costs, cake shops do not use "genuine" toys, but to sell cakes with infringed cartoon cartoon toys or images without legal sources, which may also constitute infringement.

The cartoon image is the foundation and core of the animation industry. The original cartoon image is a work in the sense of copyright law, and it should be protected in accordance with the law. Without the authorization of the copyright owner, the cartoon image is printed on the commodity, or the cartoon image is directly made into toys, or the cartoon product is sold as part of another product, which often constitutes the infringement of the copyright of the copyright owner and issuance right.

In the process of production and operation, each commercial subject must attach importance to the review and protection of relevant intellectual property rights. While paying attention to the quality of the product, it is also necessary to strictly review the completeness of the authorization procedures of the intellectual property authorization of products and product components. Responsibility for infringement and even criminal responsibility.

Text, Tu/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Laifa Xuan Guangzhou Daily · Xinhuacheng Editor: Long Chengliu, Zhu Zhixiang

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