标题: yW5DyW215e [打印本页] 作者: kldsivir0s 时间: 2015-2-4 16:44 标题: yW5DyW215e Metropolis Daily News newspaper reporter Hao Yu
Ruby Lin, Li, Dong Xuan, Liu Yan, Xiongnai Jin, Zhang Ni and other six famous movie star photos are Wuhan Sheng Medical Beauty Hospital for unauthorized advertising. The actor commissioned a lawyer to violate their portrait by these hospitals to court.
Wuhan City Intermediate People's Court yesterday, has ruled that the hospital six stars compensation totaling 29.5 million yuan, and a public apology in the press. The judge said that the case for the current portion of plastic surgery organizations have cautionary mislead consumers.
6 Beauty actress sued the hospital
Who starred in "My Fair Princess," "Romance in the Rain," the Taiwan actress Ruby Lin, said in the complaint: in September 2013, she was informed that the medical surgery hospital in Wuhan Sheng on its website, unauthorized use Her four photos for commercial publicity Korean double eyelid surgery, liposuction and other plastic thin legs, beauty items. The allegedly infringing web pages simultaneously labeled with her name, address and other information. It alleges that, as a well-known actor, portrait has high commercial value, beauty hospitals without the permission of her these photos for commercial advertising, belong Violation of publicity right.
TV host Li Xiang alleged that in August 2013, the cosmetology hospital unauthorized use her photo on its website for "I have a" jug ears "how to do", "What is the Korean double eyelid surgery" and other plastic surgery, beauty items commercial promotion, violated her portrait.
The Dong Xuan, Liu Yan, Xiongnai Jin, Zhang Ni, etc. 4 actress also alleged that the surgery hospital on its website, without authorization of their photos for breast augmentation and other commercial promotion, also violate their portrait. 6 well-known movie star, co-lawyer, in December 2013 from Beijing to the Han, divided into six cases were prosecuted.
Sentenced to compensation and a public apology
Jianghan District Court held that citizens shall enjoy the right of portrait, without his consent, not-for-profit use of portraits of citizens. Ruby, etc. The beauty hospital without consent, the use of their photos, their purpose is to promote and market its medical business, this behavior has violated the right of portrait Ruby et al.
Last April, Jianghan District Court of first instance verdict: compensation by the beauty hospitals and other six actress Ruby totaling 29.5 million yuan, of which 97,400 yuan compensation Ruby compensation Xiang 49,000 yuan; the company also needs to newspapers published in the country unauthorized use of the six actresses portraits issue an apology, apology content is subject to court review; if the company refuses to apologize publicly advertised, the court will take the newspaper the way, the judgment of the main content and relevant information available to the public,hogan, by costs associated with this burden generated by the company.
Beauty hospital refused to accept the first instance verdict, once the Wuhan City Intermediate People's Court appeal, after the withdrawal of the appeal.
Aesthetic Plastic publicity to be standardized
The presiding judge of first instance case Wei Jianfeng told reporters that the unauthorized use of star portraits surgery hospital to achieve influence, violation of the right of portrait star, but to mislead consumers. Maintenance stars rights are not infringed, more important is to protect consumers from misleading. Currently, the cosmetic surgery industry, some non-standard advertising has been deeply criticized for the masses.
Hubei nine-Sheng Liu Yi Sun Law Firm lawyers pointed out, Ruby, Li and other stars were business "is endorsement", mainly for two reasons, first, the legal awareness of some people not strong, portraits of well-known film star is actually an intangible asset the law does not allow unauthorized commercial propaganda; the second is the current legal penalties for similar violations are too light, so bad business loopholes, suffered a defeat that is, lose a little money, compared to celebrity endorsements worth spending mention. National legislation for such violations may consider increasing administrative penalties, to deter such violations more.
(Original title: six popular actress Han lawyer to litigate)