Artist Gong Jun and Shenzhen Fengchao Technology Co., Ltd.'s portrait right dispute has aroused heated discussion.
Gong Jun sued Shenzhen Fengchao Technology Co., Ltd. (hereinafter referred to as "Fengchao" or "the defendant") for the right of portrait. The defendant used Gong Jun's name and portrait in the way of "false endorsement" and violated his right of name and portrait. Gong Junfang requested the court to order the defendant to apologize and compensate for economic losses and rights protection expenses totaling 1.01 million yuan.
The whole story of screen hogging
Through the paid screen casting service of "I want to dominate the screen", Fengchao Company has put a variety of pictures containing Gong Jun's portrait on the screen interface of "Fengchao" express cabinets across the country. "I want to dominate the screen" business is a paid service, and the public can put personal pictures and other content on the big screen of Fengchao's express cabinet.
In this mode, many people send their best wishes to their lovers, family members or pets through "I want to dominate the screen". It has also become a way for some fans to help artists. There are also online tutorials that teach fans how to use Fengchao's "I want to dominate the screen" function.
In response to the screen smashing incident, Gong Jun (the plaintiff) claimed that, at least from October 30, 2021, the defendant had successively put a variety of pictures containing the plaintiff's portrait on the screen interface of "Fengchao" express cabinets across the country, and the plaintiff's portrait was marked with "Gong Jun", "Mr. Gong" and other words in bright font size and color.
The "I Want to Dominate the Screen" service section of Fengchao has been launched for many years. After users upload photos and pay the corresponding fees, Fengchao will review it. After the review, the relevant content will be launched according to the launch time and location selected by users, and the price is 2 yuan per unit per day.
"I want to dominate the screen" also has an upgraded service - exclusive dominating the screen. After purchasing this service, the screensaver of the target cabinet will only display the photos uploaded by users who choose "exclusive dominating the screen". The charging standard is higher. Bless relatives and friends and the dominating screen service on holidays. Each counter machine charges 10 yuan a day. If it is a commercial advertisement, each counter machine charges 30 yuan a day.
Artist Gong Jun is a well-known film and television actor, and has endorsement and cooperation relationships with many well-known brands at home and abroad, which has certain public recognition and commercial value. The defendant put the photos containing the plaintiff's name and portrait on the display screens of the "Fengchao" counters across the country on a large scale for publicity, which is to use the plaintiff's popularity, influence and commercial value to attract traffic for its brand, achieve the effect of advertising, and at the same time collect the cost of launching, which has obvious commercial profit purpose.
The plaintiff believed that the defendant's behavior would form the impression that the plaintiff and the plaintiff had a partnership of endorsement, which was due to the improper use of the plaintiff's name and portrait in the way of "false endorsement", which brought economic damage to the plaintiff's loss of endorsement interests and constituted fraud to consumers.
In response, Fengchao said that Fengchao was prepared to deal with litigation disputes, and everything was subject to the final decision of the court.
Article 1019 of the Civil Code stipulates that without the consent of the portrait owner, no portrait of the portrait owner shall be made, used or made public
As an influential depository service enterprise, Fengchao should actively take adequate precautions to avoid infringement of the right of portrait before developing the "I Want to Dominate the Screen" product.
Gong Jun's name and trademark have been registered
You must know the actor Gong Jun, who plays Wen Kexing, one of the two male hosts in the hit drama "Mountain and River Order". As soon as Mountain and River Order was broadcasted, it was sought after by many drama fans and novel fans. When it was still the novel Tianya Guest, it had many fans.
According to the online information, the West Coast (Beijing) Culture Media Group Co., Ltd. has expanded the category registration of the "Gong Jun" trademark. The international classification includes 45 social laws, 29 types of food, etc. This is the second time that the company has applied for the registration of the trademark in batches. The company has also applied for the registration of "Li Yanan", "Chen Ziyou", "Wang Zulan" and other trademarks.
Is this a trademark rush? It is confirmed that it is the company that is registering trademarks to protect their names from rush registration. All the above stars are under this company.
For the registration of name and trademark, especially for well-known artists, the meaning of registered trademark will be different with different registered objects. In reality, people and things after the explosion do have the phenomenon of trademark rush registration. In particular, celebrities' names and trademarks can attract many people's attention without registration, which is also the reason why artists' companies have to register many names and trademarks.
The trademark registration should be carried out as early as possible. In case of malicious rush registration, although there are ways to recapture it, the time and energy spent in the later stage are also huge.
Note: The pictures and texts come from the network. If you have valuable suggestions, please feel free to contact us to revise and update!