Suspected overdue use of image spokesperson portrait Taiping bird into the defendant

Ningbo Pingping Bird Investment Group Co., Ltd. (hereinafter referred to as “Taiping Bird Investment Company”), which is known as the business community, has become the defendant this time because of its alleged use of the image of the original spokesperson, the supermodel Yan Chenjie, for advertising after the expiry of the contract. Recently, Chen Chenjie filed a lawsuit against Taiping Bird Investment Co., Ltd. to Shanghai Pudong Court, claiming 260,000 yuan.

Some people in the economic circles believe that the lawsuit caused by the extension of the use of the portrait of a spokesperson should attract the attention of the business community, because in enterprises, the phenomenon of contractual use of image spokespersons prevails. With the expiration of the contract, companies that fail to promptly replace the portrait of the spokesperson may well “fire”.

lawsuit

Supermodel sued Taiping Bird for infringing portrait rights

Yan Chenjie stated in the lawsuit that from the beginning of 2004, Ningbo Taiping Bird Investment Company, without his authorization, placed her and a Hong Kong famous actor as the two-person large-scale clothing advertisement billboards in the southern section of Ningbo City's Huancheng West Road. No. 826 roadside.

Among them, the portrait of Yan Chenjie is located on the left side of the billboard and occupies the main page of the billboard. Given that the billboard is located at the main thoroughfare of the Shanghai-Hangzhou-Ningbo Expressway into Ningbo City, the people passing through here can see it, so it will have great social impact and huge advertising benefits.

At the same time, Zhai Chenjie also claimed that she coincided with the signing of an endorsement agreement with a clothing company in Shanghai and promised in the agreement that he would not serve as a spokesperson for any of the same clothing companies and shoot any of the same in the period from March 2004 to May 2005. Type Product Advertising. However, the apparel company had just discovered the publicity billboard of the Taiping Bird Investment Co., Ltd. The contract was rescinded by Yan Chenjie’s breach of contract, and the direct economic loss caused to him was more than 250,000 yuan.

To this end, Yan Chenjie filed a complaint with the Shanghai Pudong Court, sued the "Peace Bird", claiming a loss of 250,000 yuan, plus an additional 10,000 yuan in mental damages.

Taiping lawyers claim that the claim was wrong

The reporter interviewed a lawyer who worked for Taiping Bird Investment Company. He said that the advertisement was not issued by Taiping Bird Investment Co., Ltd. but was an independent subsidiary of Taiping Bird Fashion Co., Ltd. Therefore, even if it constitutes infringement, it should be compensated by Taiping Bird Fashion Co., Ltd. It's the wrong person.

According to counsel, the Taiping Bird Women's Company signed an annual contract with Yan Chenjie for the period from June 2002 to 2003. After the advertising contract expired, the company did continue to use the portrait of Yan Chenjie for propaganda, but this time was not long. And immediately after receiving the negotiation, the billboard was withdrawn.

He said that the clothing company in which Yan Chenjie claimed to have mistakenly thought that he was still propagating for the Pacific bird. As a result, the cancellation of the agreement caused damages to him, and Chen Jie should negotiate with the apparel company instead of claiming against Taiping Bird.

He also introduced that the Peacebird Group had intended to mediate with Yan Chen Jie and gave an economic compensation of 20,000 yuan, but the other side's asking price of 260,000 yuan was too high. On January 24 this year, the court organized the parties to exchange evidence before the court, but the two parties failed to reach an agreement on compensation. The court will go to the court to hear the case.

Alert

Celebrity endorsements

The contract expires with care

Yesterday, some professionals in the Zhejiang economic community agreed in an interview with reporters that the lawsuits caused by Taiping Bird’s alleged extension of the use of portraits of image spokespersons should arouse the attention of the business community. “At present, lawsuits infringing celebrity portrait rights occur from time to time across the country. In particular, in Zhejiang’s private enterprises, many apparel companies in Ningbo have contracted celebrities to serve as brand advocates for publicity.” The reporter said, "If these companies expire their contracts, they are still unable to replace the portrait of the spokesperson in time, which may lead to a lawsuit."

Xie Junming, a lawyer from Zhejiang Boning Law Firm, said that celebrities generally have a time limit to advertise their brands. If companies still want to continue using portraits of celebrities when their deadlines are approaching, they should pay attention to contacting them in advance and supplement the necessary agreements. Strictly follow the content, time limit, scope of use, merchandise and other related matters of the contract. "If the company is arbitrarily or does not renew the contract promptly, it may very well be a "fire victim" and a defendant in court."