According to the Xiaoxiang Morning News report on July 4: Recently, reporters learned from the Tianyancha app that the court published a statement from Zhejiang Wuyi Junjue Door Industry Co., Ltd. to apologize to Hu Ge. It showed that the company had not authorized by Hu Ge to post on a certain video platform , public accounts and other online channels without authorization to use his portrait and name to promote the company's brand, which infringed on Hu Ge's right to portrait and name. The company expressed its sincere apology for this and clarified that there is no existing relationship between Hu Ge and the company Any commercial cooperation relationship, and promises that all infringing content has been deleted, and Hu Ge's likeness and name will not be used without authorization in such an infringing manner.
( source: Tianyancha )
Qichacha app also shows that on July 4, the Beijing Internet Court published the announcement of the judgment document of Yang Zi v. Liu Moumou’s online infringement liability dispute. It is reported that the defendant Liu Moumou is a user of "The Only Pure White Jasmine Flower". The court ordered him to publicly apologize to the plaintiff Yang Zi on his account, and to compensate Yang Zi for mental damage consolation of 5,000 yuan and rights protection costs of 5,200 yuan.
Nowadays, "celebrity endorsement" and "celebrity recommendation" are one of the magic weapons for businesses to increase sales. However, unauthorized use of celebrities and their portraits to "increase popularity" and "draw traffic" will constitute infringement.
Recently, the Xiamen Haicang Court also announced a typical case: A company was ordered to publicly apologize and compensate for "impacting" the famous actress Ruby Lin.
A cosmetics company opened online stores on various e-commerce platforms to sell shower gel, facial cleanser and other products. During the operation, the company spliced Ruby Lin's portrait photos of participating in an entertainment program and its products into a joint poster, and used the printed " Posters with the words "Become Beautiful Together with Stars" and "Recommended by Ruby Lin's Program" are marked on the homepage and detail pages of various products sold in the store, such as "Same model from Ruby Lin's program", "Recommended by Ruby Lin", etc., and are made using Ruby Lin's portrait photos. poster.
The court ruled that the cosmetics company published an apology statement on the six online stores involved in the case for three consecutive days to apologize to Ruby Lin and compensate for economic losses (including reasonable rights protection expenses) totaling 70,000 yuan.
The judge reminded: is not only a star, every citizen’s right to portrait and name are protected by law. In the era of traffic, online store operators should effectively enhance their legal awareness and pay attention to the protection of other people's name rights and portrait rights during publicity and promotion.
Jimu News comprehensive Xiaoxiang Morning News, Guangzhou Daily, Caijing.com, Tianyancha, Qichacha
(Source: Jimu News)
