Recently, the Daye Court heard a copyright infringement dispute case, and ordered the defendant a department store to stop the infringement and compensate for the loss. The defendant removed the online shop "Big Monkey King" related bronze statues.
Brief of the case
The art works "Monkey King of Monkey King" and "Cartoon Quiet Thought Monkey King" created by plaintiff Lu from August to September 2018 were first published on September 30, 2018 and October 1, 2018, respectively, and have been registered as copyright. Recently, Lu found that an e-commerce platform opened a "six stores", the sales of products are "Monkey King, the grandson of the Monkey King" and "cartoon Jingsi Small Monkey King" replica, so on August 3, 2022 to a joint service center to apply for evidence preservation. The certificate issued by the center shows that "a six store" is a department store opened by a defendant, selling bronze statues such as "bronze monkey ornaments that match the sky Great Holy Buddha Statue and pure bronze Sun Wukong over Buddha home furnishing".
During August and October 2022, the plaintiff successively ordered the above goods in the store and paid more than 700 yuan for the goods. The plaintiff believes that the defendant infringes on his copyright, so he brings a lawsuit and asks the defendant to bear the infringement liability.
In the trial, after the court checked the sealed Courier package submitted by the plaintiff, the Courier tracking number was consistent with the tracking number of the goods involved in the case purchased by the plaintiff from the store, and the overall shape of the object was highly similar to the plaintiff's registered works.
The Monkey King of the Great Sage
Infringing bronze statue
Cartoon Quiet Thinking Goku art works
Infringing bronze statue
Court hearing
The registration certificate of art works of "Monkey King" and "Cartoon Jingsi Monkey King" can prove that the plaintiff is the copyright owner of the two works and enjoys the copyright of the works according to law. According to the relevant judicial interpretation, goods with the same name and goods with different names but referring to the same thing can be identified as "the same kind of goods". The goods sold by the defendant, in terms of publicity images and physical objects, are highly similar to the fine art works that the plaintiff has obtained copyright, which constitutes confusion, and also infringes the plaintiff's copyright, and shall be liable for infringement according to law.
Judicial decision
The court finally decided that the defendant immediately stopped selling infringing plaintiff's works from the effective date of the judgment, and combined with the nature, period, consequences, degree of fault and other factors of the defendant's infringement, the defendant compensated the plaintiff for economic losses of more than 10,000 yuan.
Judge's reminder
With the strengthening of the protection of intellectual property rights in China, many pictures on the Internet are original works of art created by relevant rights holders and protected by copyright law. Without permission, others may not copy or distribute the above works of art, if the manufacturer and seller do not pay enough attention to this, it is easy to step into the "minefield" of infringement. Businesses should understand and learn more about patent protection in the future, improve the awareness of patent protection, and operate legally. (Source: Zhang Guoqing of Hubei High Court and Daye Court)
More information and services
The official subscription number of "Deep Trusted Intellectual Property Rights" on the code
Code on the concern [deep trusted intellectual property service platform] official service number
Related Cases
Copyright case | Just watched half of the show, watch the show APP disappeared......
In early May 2020, the defendant Xiong believed that the "Korean drama TV" brand owned by outsiders had better benefits, so he transferred it to his own management after discussion. Immediately, the defendant Xiong contacted the defendants Li Mou and Huang Mou, and the three conspired to launch the APP in the mobile application market, put a large number of infringing Korean dramas, Korean variety shows and other film and television works online, and collect advertising fees by placing advertisements in the APP and film and television works.
2022-11-09
32.4 million! Yunnan worm Valley IP dispute Tiktok was awarded a record amount of damages to Tencent
On October 26, Xi 'an Intermediate People's Court made a judgment of first instance on the lawsuit filed by Tencent on September 22, 2021, alleging that Tiktok infringed the copyright of Yunnan Worm Valley and unfair competition. The court held that Tiktok, as a platform, should undertake corresponding management obligations for the infringing content on its platform. At present, there are still a large number of users on the platform who have infringed on the works involved. Tiktok's failure to immediately take effective measures to delete, filter and intercept the relevant videos is an aid to infringement, and it must compensate Tencent for economic losses of more than 32.4 million yuan (an average of 2 million yuan per episode) and reasonable litigation costs of 426,931 yuan.
2022-11-03
Shenzhen a company accused of infringement, just because there is no cancellation ICP record!
This case is a dispute over infringement of the right of information network dissemination of works. In October 2021, Beijing Company A found that A website was illegally spreading many of its copyrighted works. After inquiring the ICP record information, Company A confirmed that the infringer was Company B, which is mainly engaged in home decoration in Baoan District, Shenzhen, so Company A filed a complaint against Company B to the People's Court of Baoan District, Shenzhen. Ask B company to stop the infringement and compensate for the economic loss of 50,000 yuan.
2022-10-31
Copyright help trademark, Baby bus successfully rights!
Recently, a trademark invalidation dispute involving panda Qiqi and panda Miaomiao image works has made new progress. After hearing, the Beijing Higher People's Court found that the registration of the trademark No. 34281621 "BUQI PANDA and Figure" (hereinafter referred to as the trademark involved) constituted the situation of "applying for trademark registration shall not harm the existing prior rights of others" in China's trademark law, and finally revoked the first-instance judgment and the ruling that the trademark involved should be upheld. On January 7, 2020, Fuzhou Zhiyong Company (formerly known as Baby Bus Company) filed a request for invalidation of trademark No. 34281621 "BUQI PANDA and Picture", believing that Little Dimples Technology Company registered its published and Copyrights of fine art works as trademarks.
2022-10-25
"K song" has become an important content of current entertainment consumption, but many people may not know that the songs played in KTV are copyrighted. If it is not legally authorized by the copyright owner, KTV may bear legal responsibilities according to law. Recently, a number of KTV in Nanchang was sued to the court of High-tech Zone for violating song copyright. The plaintiff is a media company in Songyuan City, and the defendant is a KTV concert hall in Nanchang. The plaintiffs have Copyrights to 109 music videos. The plaintiff found that the defendant without permission, for the purpose of business, without authorization, through the consumer's on-demand way in the KTV, including "Encounter True love", "Peach Blossom for three months", "China Red" and a total of 109 plaintiff's copyrighted works.
2022-10-22
Chamber adaptation Langya bang infringement judgment 1 million | Attached judgment
This case is the first case of scripted entertainment products violating the right to adapt well-known IP, and it is also the first case of scripted entertainment business activities annexing the IP name of well-known literature, film and television to constitute unfair competition, which has certain typical significance and strong industry standardization leading role.
2022-09-13
Really? ! Playing music like this is an infringement?
This case is a dispute over infringement of the right of information network dissemination of works.
2022-07-19
Learn to appeal to know network infringement, court decision!
June 27 news, China Judgment documents network recently disclosed that Beijing Century Super Star Information Technology Development Co., LTD. (hereinafter referred to as "Learning Pass") and "Chinese Academic Journals (Optical disc Edition)" electronic magazine Co., LTD. (hereinafter referred to as "Know Network") eight infringement of the work information network transmission right of the first instance legal documents.
2022-06-28
If the lesson plan is used by others, is it a violation of trade secrets?
Because it believes that the teaching curriculum system and related materials used by others to run art training institutions have infringed its trade secrets, Beijing Festive Culture Communication Co., Ltd. will Sue Beijing Xinxing Technology Co., LTD., Beijing Changsheng Culture Media Co., Ltd. and relevant employees to the court. The defendants are required to stop infringing trade secrets, apologize, eliminate the impact, compensate for economic losses and reasonable expenses. After hearing, the Haidian Court found that the teaching teaching plan advocated by the company in this case did not belong to the trade secret protected by the Law against Unfair Competition, and rejected all the litigation claims of the company.
2022-06-13
Telephone：
Telephone：+86-755-82566227、82566717、13751089600
Head Office：13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Head Office：
13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Subsidiary Company：2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Subsidiary Company：
2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Service Number
Subscription Number
Copyright ©2016 Shenzhen Shenkexin patent Agency Co., LTD All rights reserved | 粤ICP备2021174526号
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有 | 粤ICP备2021174526号 SEO标签
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有
