410000! The hospital used Feng Xiaogang to publicize and treat vitiligo and was severely punished

category:Ent
 410000! The hospital used Feng Xiaogang to publicize and treat vitiligo and was severely punished


According to the judgment, a vitiligo hospital, as the plaintiff, published an article in a we media that dont compare with Feng Xiaogang, your vitiligo really cant afford to hurt. In the article, several portraits of Feng Xiaogang were used, and the advertisement of the hospital was inserted in the article. Obviously, the vitiligo hospital uses the portrait of Feng Xiaogang for commercial promotion.

Feng Xiaogang won the lawsuit. As the defendant, the vitiligo hospital must make public apology and compensate Feng Xiaogang for various economic losses, totaling 410000 yuan.

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Song Dandans birthday party the second wave! A crowd of stars and a lively scene

Feng Xiaogangs latest dynamic is to participate in Song Dan Dans birthday party, looks good.

Full text of the ruling:

Plaintiff Feng Xiaogang claimed that the defendant published a picture of the official account of WeChat, the Baoding public hospital, HR hospital in Wah Yan, Baoding, entitled no more vulnerable than vitiligo, vitiligo on your body. Without the permission of the plaintiff, the defendant used several portraits of the plaintiff in the article, and implanted American three-dimensional skin CT introduced by Huaren vitiligo hospital is based on the optical focusing principle, and adopts computer three-dimensional tomography technology to observe the occurrence, development and skin lesions of patients with vitiligo and other skin diseases in real time and dynamically And other advertising slogans, such as telephone, micro signal QR code and other commercial information. The defendant uses the plaintiffs social popularity to attract attention, so as to achieve the purpose of promoting its brand and medical services. This has obvious commercial attributes, which can easily make many visitors and consumers mistakenly believe that there is a certain cooperative relationship between the plaintiff and the defendant. However, this is not in line with the facts, and the plaintiff suffers many misunderstandings from the outside world. The defendant should bear the corresponding legal liability according to law because the fact of infringement is clear. Therefore, the court appealed to Beijing Internet court for the following requirements: 1. Order the defendant to publicly apologize to the plaintiff in newspapers published nationwide, requiring that the content of the apology should include the case number and main contents of the judgment, and the content of the apology must be confirmed by the plaintiff or the plaintiffs agent, and the page of the apology should not be less than 9.0CM * 14.0cm; 2. The defendant should be ordered to compensate the plaintiff for 400000 yuan of economic loss and reasonable cost of rights protection 3. The defendant shall bear the litigation costs of the case.

The defendant, Baoding Huaren vitiligo hospital, raised an objection to the jurisdiction during the period of filing the defense, saying that the lawsuit for infringement in this case should be under the jurisdiction of the peoples Court of the place where the infringement occurred or where the defendants residence is. The defendants domicile is Lianchi District of Baoding City, and the place of infringement is also Lianchi District of Baoding city. Therefore, the court is requested to decide to transfer the case to the peoples Court of Lianchi District, Baoding city.

After examination, the court held that the case was a dispute over network tort liability. According to the provisions of Article 28 of the Civil Procedure Law of the peoples Republic of China and Articles 24 and 25 of the interpretation of the Supreme Peoples Court on the application of the Civil Procedure Law of the peoples Republic of China, a lawsuit brought for infringement shall be under the jurisdiction of the peoples court of the place where the infringement occurred or where the defendant has his domicile. The place of tort includes the place where the tort is committed and the place where the result of infringement occurs. In the case of information network infringement, the place where the infringement result occurs includes the place where the infringed party lives. According to the provisions of the Supreme Peoples Court on Several Issues concerning the trial of Internet courts, the Internet courts of Beijing, Guangzhou and Hangzhou have centralized jurisdiction over the first instance cases of disputes arising from infringement of copyright or neighboring right of works published or disseminated online on the Internet, which should be accepted by the grassroots peoples court within the jurisdiction of their respective cities. In this case, the plaintiff Feng Xiaogang alleged that the defendant was the operator of the WeChat official account HR of Baoding Hua Ren vitiligo hospital. The defendant used the image of the plaintiff portrait in the WeChat official account, which infringed the plaintiffs legitimate rights and interests. Therefore, this case can be applied to the above-mentioned regional jurisdiction of information network infringement cases. Feng Xiaogangs domicile is located in Xicheng District, Beijing. As the party claiming to be infringed, his domicile can be regarded as the place where the infringement result of the case occurred. Therefore, our court has jurisdiction over the case.

In accordance with the provisions of Article 28, paragraph 1 of Article 127 of the Civil Procedure Law of the peoples Republic of China, Articles 24 and 25 of the interpretation of the Supreme Peoples Court on the application of the Civil Procedure Law of the peoples Republic of China, and Article 2 of the provisions of the Supreme Peoples Court on Several Issues concerning the trial of cases by the Internet courts, the ruling is as follows:

The case acceptance fee is 70 yuan, which is borne by the defendant Baoding Huaren vitiligo hospital.

If you are not satisfied with this ruling, you may, within 10 days from the date of service of the ruling, submit a petition for appeal to this court, and file a copy according to the number of the other party or representative, and appeal to the fourth intermediate peoples Court of Beijing.

Source: Netease Entertainment editor: Chen Shaojie_ b6952