famous shaoxing opera actor self-employed calm makeup as was printed on the for the dead & other; Paper TV & throughout; On taobao, and sales, angry man yue opera actor will the soho to court. Recently, putuo district court of first instance verdict, the defendant to immediately stop sales of infringing products, and having an apology, and compensation and spiritual damages of the plaintiff economic loss of 4369 yuan, 10000 yuan.
tingting is Shanghai yue famous shaoxing opera actor, national secondary actors. One day, she in browsing the taobao, inadvertently found someone to & other; Baoding city human products factory & throughout; In online sales in the name of the paper the TV. Tingting PM on the pictures of goods, unexpectedly found himself calm makeup of photo by shaoxing opera performances, television is clearly printed on the paper. The portrait of his strange is used, should also be used on the funeral supplies, tingting rage. In order to fixed the evidence, she ordered part of the infringing products, and the whole process will do the notary. According to the shipping address, tingting entrust a lawyer to baoding city, hebei province survey and finally find out that actually the infringer is a handicraft shop of individual industrial and commercial households Feng Mou.
in order to safeguard the legitimate rights and interests of oneself, tingting will Feng Mou tell to putuo district people’s court. Tingting that Feng Mou without their permission, for-profit, make and sell their own image, has violated the law. Feng Mou portrait will be used to make funeral supplies for buyers cremation, but also for his portrait of malicious damage and defiled, request court according to law the defendant stop the infringement, apologize, and requires the defendant to compensate the economic loss of 52369 yuan and mental damages of $100000.
the defendant Feng Mou argues that oneself does not exist subjective offence, because paper is not his TV production, sales by were purchased from local market and don’t know who is the image of above, when buying also don’t know the time of the seller and pictures all people have rights to use the contract. And sell this kind of paper TV stores have a lot of home, also sold for many years, even if not in online sales, tingting damaged facts also already exists, so don’t agree with the plaintiff’s claim.
after the court believed that citizens shall enjoy the right, without his consent, in the use of a citizen’s portrait for profit purposes. With pictures of paper tingting TV, without the permission of using portrait, obviously the infringement of the rights of tingting. The defendant Feng Mou believes that the prior product infringes the rights of the plaintiff did not know, and the other on the market existence others argue that, for the case of infringement products does not constitute a liability. In the end, the court ruled that the defendant to immediately stop sales of infringing products, according to the actual economic loss for tingting, degree and comprehensive consideration the defendant’s fault, damage consequence, etc., the above sentence.