China Net Finance, June 28 (Reporter Zhong Wenxin) According to the Beijing Court Trial Information Network, on June 27, the second-instance verdict on the dispute over portrait rights between Yi Yee affiliated company Shanghai Shangmei Cosmetics Co., Ltd. and Liu Yuan (Liu Haoran) was released.
Image source: Beijing Court Trial Information Network
According to the document, the court of first instance found that: the plaintiff Liu Yuan endorsed the product “Yiye” mask of the defendant Shangmei Company from September 1, 2016 to August 31, 2018. It is agreed that there is a 2-month period for advertising clearance.However, in May 2020, Liu Yuan's portrait was still printed on the outer packaging of the one-leaf facial mask sold by Aeon supermarkets.The court held that, after the expiration of the advertising clearance period, there were masks in the market that contained Liu Yuan’s portrait and name, and Shanghai Shangmei Company was at fault, which constituted an infringement of Liu Yuan’s portrait rights and name rights. Therefore, the court ruled that Shanghai Shangmei Company made a public apology and compensated. Liu Yuan 200,000 yuan.
SPI believes that the sale of the infringing facial mask is the act of a third party, and SPI is not at fault. Even if it is found to be infringing, the amount of compensation is too high, so it appeals.The court of second instance held that Shanghai Shangmei Company was a product manufacturer, and the advertising infringement also originated from Shanghai Shangmei Company. The company should bear the tort liability, and the distribution of responsibilities with outsiders could be resolved separately. The result of the first-instance judgment was not inappropriate, so the judgment was rejected. Appeal, uphold the original judgment.
According to Tianyancha, Shanghai Shangmei Cosmetics Co., Ltd. was established on June 11, 2004 with a registered capital of 360 million yuan and its legal representative, Lu Yixiong.Shangmei originated in 2002, and it owns many well-known brands, such as Hanshu, Yiyeye, Red Elephant and so on.The layout is multi-category and multi-channel, and its main business includes skin care, mother and baby, and washing and nursing.
