Recently, "Ice Black Tea Please be endorsed by Jay Chou Zhoukou" has attracted public attention. Netizens summed up this "copycat" drink as "the spokesperson imitates Jay Chou, the bottle imitates Master Kong, and the company imitates Dali Garden." The lawyer said that such obvious "copycat behavior" infringed on Jay Chou's right to portrait and name, and infringed on Dali Garden's trademark rights.
Screenshots of online videos
html On May 8, a citizen in Shenyang, Liaoning Province bought a Liangying iced black tea in a store. The product package had the image of "Jay Chou" and "CCTV Advertising Brand" and "Daliyuan Drinks" ( Liaoning) Co., Ltd.".In response to this, Dali Garden responded: This is not our product, we are Dali Food Group Co., Ltd., and other names with place names in them are not ours.
Screenshots of videos uploaded online
An Xiang, director of Beijing Dexiang Law Firm, told China News Service that this drink is an obvious copycat of the character's portrait, name, and company name, infringing on Jay Chou's portrait rights and name rights, and infringing on Jay Chou's right to portrait and name. The trademark rights of Dali Garden.
For consumers, this is also an illegal act that maliciously causes misjudgment by consumers. Consumers can also report or sue illegal merchants. Infringed companies and natural persons can defend their rights by reporting to the market regulatory authorities or filing lawsuits in court. The amount of compensation shall be based on the amount of damage or the amount of gain to the infringing party.
Comprehensive China News Network, @热热视频
