Sunday, November 27, 2011

infringement of malicious obviously

our reporter Zhang Guoqiang
Taiwan famous singer Dikeniuzi this company will be Beijing and Shenyang Dikeniuzi clothing store owner of a court.
Recently, Liaoning Province, Shenyang City Intermediate People's Court of first instance verdict on the case,UGG Caroline, ruling the owner to stop infringement of Shenyang, Beijing's compensation for 1.57 million yuan.
use of false advertising and portrait Dikeniuzi Join incident reports.
Dikeniuzi found,Brookfield Tall UGGs Boots, a Beijing-based company on its Web site, extensive use of their likeness for promotional products, including the site's home page as well as corporate culture, Dikeniuzi, investment cooperation, information centers and other part of the web pages are using his likeness. The Home also comes with a video ad, the ad claims Dikeniuzi voice of its products and in advertising display panels,Desoto UGG, posters on the extensive use of Dikeniuzi portrait.
In addition, the company name to join the foreign investment, also borrowed Dikeniuzi portrait.
2010 年 11 16, Dikeniuzi Sumou commissioned to operate Shenyang Dikeniuzi clothing stores for evidence preservation behavior notary, a site to buy jeans,UGG Uptown Boots, jeans found in the bags and packaging are printed on the merchandise tag Dikeniuzi portrait. Things in the shop decor and brochures are printed Dikeniuzi also a portrait.
Dikeniuzi the behavior has not been authorized, Dikeniuzi decided to take legal means to protect their rights and Shenyang to Beijing's owner to court.
Dikeniuzi provides nearly two years the price of his endorsement, which served as Beijing's ambassador for a car company, the contract for one year endorsement fee of RMB 100 million. Zhejiang cowboy beer endorsement endorsement fee of two years of 2.2 million yuan. Dikeniuzi side believes that the company should compensate its Beijing from October 31, 2009 beginning endorsement fee $ 4 million.
1.57 million compensation for the infringing company
Court held that citizens have the right of portrait, without their consent, not-for-profit use of citizen's portrait. Beijing company without the product tag, packaging bags,Suburb Crochet Tall UGGs, posters, marketing boards, company websites, television and other media on the extensive use of Dikeniuzi portrait advertising behavior, violation of Dikeniuzi legally entitled to the right of portrait. The above violations, Beijing company should undertake to stop infringement, an apology and compensation for losses.
court held that Dikeniuzi is a renowned singer, public figure is, the portrait has great commercial value. Beijing company knowingly and without lawful authority in the courts for a long period of time has never stopped its infringement, infringement of malicious obviously subjective. Beijing's long-term use Dikeniuzi objective portrait vile behavior, influenced, misled many members shop franchisees and consumers, resulting in a short time have joined hundreds of members shops,UGG Paisley Boots, selling a lot with Dick cowboy portrait of infringing products, disrupting the normal market order, to have an extremely adverse social consequences.
because Sumou signed with Beijing Review Beijing franchise contract whether the company has not Dikeniuzi authorization, and implementation of sales with Dikeniuzi portrait of commodities, and therefore constitutes a Dick cowboy image rights violations. The court's final ruling Su Mouli to stop infringement, Beijing companies to immediately stop production and sales with Dikeniuzi portrait shop decoration materials, packaging bags and product tag violations and the use of Dikeniuzi portrait for advertising violations, in its Home and
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