Beijing Daily Client | Reporter Xu Huiyao
Yellow River Road, pao rice, pork ribs rice cake... Since the TV series "Flowers" of the same name adapted from the Mao Dun Literary Award-winning novel hit the theaters, the place names and food appearing in the drama have become "hot hits" on the Internet. , some people go to check out time-honored stores in Shanghai, while others are replicating the steamed rice and pork ribs rice cakes at home. At the same time, some merchants are using elements from the TV series "Flowers" in commercial marketing without authorization, which may lead to the risk of infringement.
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On January 12, the official Weibo of the TV series "Flowers" issued a statement, stating and warning against the recent intellectual property infringement and unfair competition behavior against the show in the market, and reminded relevant parties to stop related infringements. and unfair competition.
The Weibo statement stated that Shanghai Fanhuali Enterprise Development Co., Ltd. is the producer and sole copyright holder of the TV series "Flowers" and has complete intellectual property rights and licensing rights for the series. The client and the lawyer noticed that some businesses and market operators, with the purpose of capitalizing on the popularity of the show and the client's goodwill, used the show's name, character titles, lines, and scenes without authorization without communicating with them and obtaining authorization. , prop names, posters and related design works and other elements to carry out commercial marketing and promotion activities, causing market confusion and misleading the public into thinking that there is commercial cooperation between these entities and the producers, seriously infringing the intellectual property rights of the client and disrupting the normal market order.
The reporter contacted Deng Shangrui, a lawyer from Beijing Tao'an Law Firm who was entrusted by the copyright owner of the TV series "Flowers". She told reporters that in the market recently, some brands have used elements from the TV series "Flowers" in their marketing without authorization. . For example, a car brand in used the title, lines, characters and contents of the poster in a promotional video; an online platform launched the "Shanghai Fanhua Set Meal", "Mr. Bao's Rice", "Ms. Wang" without authorization Pork Ribs Rice Cake" and other products.
In the lawyer's view, such behavior has involved intellectual property infringement and unfair competition. "We have completed the preservation of evidence for existing typical infringements and initiated continuous infringement monitoring. For infringement subjects with obvious commercial intentions and serious circumstances, will initiate legal means to protect their rights, including but not limited to administrative complaints and civil litigation claims. "Lawyer Deng Shangrui said.
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