Recently, the case of "Noon Sunshine" v. "301 Secret Room" copyright infringement and unfair competition was pronounced in Shanghai Yangpu District People's Court, and the court ordered the defendant to immediately stop the copyright infringement of the works of "Nirvana in Fire" and immediately stop the unfair competition of using the name "Nirvana in fire". At the same time, the defendant was ordered to compensate the plaintiff for economic losses and reasonable expenses totaling 1.05 million yuan, and to post a statement on its business premises to eliminate the impact. The judgment has now come into force.
It is reported that this case is the first national scripted entertainment products infringement of well-known IP adaptation rights case, but also the first national scripted entertainment business activities attached to well-known literary film and television IP name constitute unfair competition case, has a certain typical significance and strong industry norms leading role.
(The left picture is from Baidu image search, the right picture is from Douban movie, only to illustrate the relevant events and appropriate quotes)
"Nirvana in Fire" novel is a novel created by writer Hai Yan (pen name), which has won the 2016 China Copyright Gold Award work, "2017 Cat Film." Hurun Original Literature IP Value List "The Most valuable award." The plaintiff participated in the production of "Nirvana in Fire" TV series, has won the Chinese TV Series Quality Awards, Feitian Award outstanding TV series and many other honors. 🏆
The plaintiff claims that the secret room theme of the defendant's Nirvana in Fire uses the main backstory of the novel Nirvana in Fire, the names of the main characters (such as Mei Changsu, Jing Wang Xiao Jingyan, Yu Wang Xiao Jingheng, Suspenseful mirror Xia Jiang, etc.), the character relationship, and the story plot to adapt the novel into an interactive immersive drama work, which infringes the plaintiff's right of adaptation; The use of the "Nirvana in Fire" logo in the product name, promotional posters, decoration and props of the chamber constitutes unfair competition.
There are user reviews: "The theme background is to Nirvana in Fire as the prototype, the characters and the main line are also perfectly restored to the original, the game form is set for the camp, divided into two factions of Jing Wang and Yu Wang, as well as the middle party Mei Changsu, both sides need to win the trust and support of Mei Changsu, the game process is extremely rich in content, there is no marginal role, everyone has their own exclusive task, is a collective confrontation, Individual battle and group battle in one game, two hours down more than enough." (Source: Intellectual Property Database, Zhonglian Lawyers)
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