Mo Yan, the writer, gets 2.1 million yuan, and the businessman falsely claims to be the spokesperson of the health pot for profit

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 Mo Yan, the writer, gets 2.1 million yuan, and the businessman falsely claims to be the spokesperson of the health pot for profit


The court of second instance mentioned in the judgment that Mo Yan is a famous writer who has won the Nobel Prize for literature in China, and he cherishes his image and reputation very much, and is very cautious in commercial endorsement. The fact that Shenzhen jade porcelain company made up Mo Yan to endorse his products has obvious malice, causing great damage to Mo Yans social image. Finally, the appeal of Shenzhen jade porcelain company was rejected.

After the defendant got to know Mo Yan through other peoples ties, he used his calligraphy photos to publicize the accused

Dong Zhenlei, the founder of Shenzhen jade porcelain company, got to know Mo Yan through other peoples contact, and then used Mo Yans inscriptions and their photos together for the companys commercial publicity without authorization, according to Nandu.

In December 2018, Mo Yan found that a large number of advertising videos and graphic information related to him appeared on the Internet, which are all related to Shenzhen Yuci company. In a video of Promotion Film of jade and porcelain enterprises, the voice said that after using the pure ceramic health pot of jade and porcelain technology at home, Mr. Mo Yan gave a very high evaluation of jade and porcelain technology, and invited Dong Zhenlei, the founder of the company, to be a guest at home and write an inscription for it... Another advertisement video also marked don Zhenlei, the entrepreneur tutor matching Mo Yan with his comrades in arms, and inserted a photo of the two.

But the reporter learned that Mo Yan and Dong Zhenlei didnt know each other before they got in touch with each other after Gu Mou, a staff member in the receiving and dispatching room of his community. Gu said to Mo Yan that Dong Zhenlei paid the insurance premium for his family, and he begged Mo Yan to write a word for Dong Zhenlei without thinking of a report. Mo Yan reluctantly agreed out of a helping mentality. A few days later, Gu once again asked Mo Yan to let Dong Zhenlei come to visit. Dong Zhenlei asked to take a photo with Mo Yan and take out the prepared book of Mo Yan for signature. Because both of them had been enlisted in the army, Mo Yan wrote in his signature to give to Dong Zhenleis comrades in arms.

Mo said at the time of the lawsuit that he had never used the defendants products, nor recommended or endorsed his products. Shenzhen jade porcelain company was accused of using Mo Yans name, photos and calligraphy works in the companys publicity videos and advertisements without authorization, which made consumers mistakenly think that the original and the defendant are related, which seriously violated Mo Yans right of name and portrait.

The court paid 2.1 million yuan in the final trial, considering the market value of Mo Yans endorsement

After being sued, Shenzhen Yuci company argued that it did not disseminate the video and web page image and text information involved in the case on the Internet, nor authorized any person or organization to disseminate the above information on the Internet. In addition, the amount of property compensation and spiritual compensation claimed by the plaintiff is not supported by relevant evidence and far exceeds the relevant compensation standards. In addition, the purpose of making jade porcelain enterprise propaganda film is only for internal staff motivation.

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});))) (); the court of first instance held that Shenzhen jade porcelain company, without Mo Yans permission, used his name and image for commercial publicity and made the advertising image of Mo Yan to represent his products, which violated Mo Yans right of name and portrait. In determining the amount of compensation, the court of first instance considered several factors such as the market value of Mo Yans endorsement, the degree of fault of the defendant, and the degree of damage to the plaintiffs image, and decided that the defendant should compensate the plaintiff for 2 million yuan of property loss and 100000 yuan of spiritual damage relief. After the first trial, Shenzhen Yuci company refused and continued to appeal. At the time of appeal, Shenzhen Yuci company mentioned that according to the provisions of the Supreme Peoples Court on Several Issues concerning the application of law in the trial of civil disputes involving infringement of personal rights and interests by using information networks, the amount of compensation loss should be determined within the range of 500000 yuan. In response, the court of second instance held that Mo Yan, as a writer who has won the Nobel Prize and has important social influence in China, has obvious differences in his identity, social image and social status with ordinary movie stars and writers. If he carries out commercial endorsement, the market value of his endorsement is self-evident. Therefore, it is obvious that the compensation limit of 500000 yuan in the signed provisions cannot cover Mo Yans loss. Finally, the court of second instance dismissed the appeal and upheld the original judgment. Source: interface news Author: Zheng Yaxin editor in charge: Han Jiapeng GUI nn9841

After hearing, the court of first instance held that Shenzhen jade porcelain company, without Mo Yans permission, used his name and image to carry out commercial publicity and made the advertising image that Mo Yan spoke for his products, thus infringing Mo Yans right of name and portrait. In determining the amount of compensation, the court of first instance considered several factors such as the market value of Mo Yans endorsement, the degree of fault of the defendant, and the degree of damage to the plaintiffs image, and decided that the defendant should compensate the plaintiff for 2 million yuan of property loss and 100000 yuan of spiritual damage relief.

After the first trial, Shenzhen Yuci company refused and continued to appeal. At the time of appeal, Shenzhen Yuci company mentioned that according to the provisions of the Supreme Peoples Court on Several Issues concerning the application of law in the trial of civil disputes involving infringement of personal rights and interests by using information networks, the amount of compensation loss should be determined within the range of 500000 yuan.

In response, the court of second instance held that Mo Yan, as a writer who has won the Nobel Prize and has important social influence in China, has obvious differences in his identity, social image and social status with ordinary movie stars and writers. If he carries out commercial endorsement, the market value of his endorsement is self-evident. Therefore, it is obvious that the compensation limit of 500000 yuan in the signed provisions cannot cover Mo Yans loss. Finally, the court of second instance dismissed the appeal and upheld the original judgment.