Compensation of 100,000 yuan! Jia Ling sued "Ms. Jia for black coffee"!

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Recently, actress and director Jia Ling sued a producer of "Jia Ling same style" black coffee in Anhui Province, according to a number of news reports such as Polar News.

At the beginning of this year, the film "Hot and Hot" directed and starred by Jia Ling was released. The story of losing weight in the film and the real body changes of the actors themselves sparked the topic of "losing weight" and inspired the majority of beauty lovers to "get moving."

During the movie boom, some enterprises that discovered "weight loss business opportunities" seized the opportunity to launch black coffee products under the flags of "Jia Ling with the same style" and "Hot products", using the personal image of the star on the product packaging and promoting its slimming effect. attract consumers to place orders to buy.

In April, the official Weibo of "Hot Movie" reminded netizens that unscrupulous merchants had repeatedly told them not to withdraw their advertisements and had confidence in making fake licenses, saying they had a director or film license. However, this is not the case. Neither the director nor the film has endorsed or authorized any fat-reducing or sugar-free products, so consumers are reminded not to be deceived when they see such products with the image of artists.

At the same time, Jia Ling filed a complaint against Anhui so-and-so Health Industry Development Co., Ltd., claiming that the company had her portrait printed on the package named "Ms. Jia Black Coffee" without the consent of the artist. The complaint mentioned that the defendant used the value of her portrait to attract users to consume, and then to obtain commercial interests, but on the premise of harming her license and her portrait rights, which has seriously violated her legitimate rights and interests.

Therefore, Jia Ling asked the company to stop infringing acts (including not limited to the deletion of relevant publicity pages, the destruction of infringing materials, etc.), published an apology, compensation for economic losses and reasonable protection costs. In the face of Jia Ling's lawsuit request, the company disagreed, arguing that it only produced 5000 boxes, which were provided by a commercial company in Xiamen. "at that time, our company did not see that it was Jia Ling."

The verdict of the portrait dispute was also made public recently. The people's Court of Xiangcheng District, Miaozhou City, Anhui Province, examined and determined that a certain company in Anhui Province was a manufacturer of "Ms. Jia TM Black Coffee", and the outer package of "Ms. Jia TM Black Coffee" was prominently printed with the cartoon image of Jia Ling's boxing scene. The product is sold in Taobao, pinduoduo and JD.com.

In this case, the defendant company used the cartoon character of Jia Ling's boxing scene on the outer package of "Ms. Jia TM Black Coffee", which can reflect the recognizable image of Jia Ling, which infringed Jia Ling's portrait right without Jia Ling's consent.

The court held that as a well-known actress and director in China, Jia Ling's portrait has a certain commercial value, and the defendant's infringement of her portrait right will inevitably lead to damage to the economic interests contained in her portrait rights. at the same time, it is easy to cause the public to have a relationship of brand endorsement between the plaintiff and the defendant manufacturer.

Accordingly, the court ordered the defendant company to stop the infringement, not to produce goods that infringed Jia Ling's portrait rights, to make a public apology and to compensate for its economic losses of 100000 yuan.

Picture from: Internet

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