129667716795459142_68Westlife portrait infringement case sentenced to awarded in favour of 1.57 million
Westlife (blog). (Information figure) NetEase entertainment on November 26 according to the legal daily reported, Taiwan pop singer, "Dick cowboy" (Lin Jinzhang) images of the individual is treated as a clothing brand is a company widely promoted by Beijing, but without westlife my authorization. Westlife in Beijing and Shenyang Dick cowboy apparel store owner to court。 A few days ago, in Shenyang city intermediate people's Court in Liaoning province its first instance verdict in the case, judgment of Shenyang shopkeepers to stop infringement
swtor power leveling, Beijing company a compensation of $ 1.57 million. "Dick cowboy" portrait since April 2010 by fraudulent use, westlife Agency continues to receive the consumer on a company in Beijing to take Dick use westlife, infringement on behalf of cowboy portrait fakeAdvertising and join events to report. Dick denim discovered that Beijing on its website a company widely use their portraits for product promotion, including at the site of the Home and corporate culture, westlife, investment cooperation, information centres in more than one section of the Web page uses
swtor credits, such as his portraits. The Web site Home also comes with a video ad, advertisement claiming that DickCowboy is a spokesman for its products, and advertising panels, heavy use of westlife's portrait on the poster. In addition, the name of the company to join to foreign investment, also took portraits of westlife. On November 16, 2010, westlife entrusted to sue Dick jeans stores in Shenyang City operated a notarial evidence preservation behavior, purchaseJeans, found that the jeans outer packing bags of goods and are printed on the hangtag is westlife's portrait. In the shops of decoration, as well as brochures are printed on a portrait of westlife. Such conduct is not authorized by the westlife, westlife decided to take legal action to safeguard rights, company in Beijing and Shenyang shop owner to court. Westlife have provided nearly two years heEndorsements of prices, which served as an Ambassador car company in Beijing, contracts for a period of one year, endorsement fee is RMB 1 million. Advocacy of Zhejiang Jean beer two years speaking fee is RMB 2.2 million. Westlife believes that Beijing should compensation endorsement fee of $ 4 million of it from the beginning on October 31, 2009. Infringing company 1.57 million in compensationThe Court found that the citizens of portrait, without my consent, the portraits of citizens shall not be used for profit-making purposes. Beijing company, unauthorized merchandise tags, packaging, posters, exhibition boards, company websites, television stations, and other marketing activities on media portraits of heavy use of westlife advertising Act, violated the portrait of westlife are legally entitled. Of these copyright infringementBeijing company should bear the responsibility of cessation of the infringement, an apology and compensation for the loss. The Court found that the westlife is a well-known singer, belongs to the social public figure whose portrait has a large commercial value. Beijing knowingly without lawful authority and of the company in court during a long period of time has never stopped its violations, malicious obvious subjective copyright infringement.Beijing long time Dick denim portrait objective acts of flagrant, had a great influence, mislead many members shop franchisees and consumers, resulting in a short period of time, there are hundreds of home Member joined, selling a large quantity of infringing goods with a portrait of Dick cowboy, disrupting the normal market order, have some adverse social consequences. Due to the Soviet Union in BeijingDivision did not examine whether the Beijing company when you sign the franchise contract with Dick cowboy authorization of, and implement sales behavior with Dick portraits of Cowboys merchandise, therefore constitutes a westlife portrait of civil rights. Final judgment of the Court and the Soviet Union immediately cease and desist, Beijing immediately cease production and sales of the company contains Dick cowboy portrait of packaging bag outside the shop decoration, as well as commercialTag portrait of violations and the use of Dick denim advertising violations, on its Web site Home, as well as the costumes on to westlife public apology, while compensation for westlife 1.575 million yuan in economic losses.
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