Introduction: Hu Ge sued an intimate clothing company!
The brand company used the name and portrait rights of celebrity Hu Ge for commercial promotion without authorization, and even “refused to make corrections” after being discovered…
This brand clothing stall is in trouble!
It is reported that the underwear brand “Xiangmiouxiu” used the name and portrait rights of star Hu Ge for commercial promotion without authorization, and “refused to make corrections” after being discovered.
A few days ago, Tangren Film and Television, Orange Cat Chiming and Hu Ge commissioned lawyers to issue a statement regarding the infringement of the underwear brand “Xiangmi Boudoir”, requiring Xiangmi Boudoir to immediately stop the infringement and A public apology was made to Hu Ge, and Hu Ge also formally filed a lawsuit against the infringing party on this matter.
1
Infringement of celebrity name and portrait rights
Hu Ge sues underwear brand “Xiangmiouxiu”
On the evening of January 28, Weibo certified it as Beijing Anli Law Firm Partner lawyer Yang Shuguang issued a public statement on Weibo. He was entrusted by Tangren Film and Television, Orange Cat Chiming and Hu Ge to deal with matters related to the unauthorized use of Hu Ge’s name and portrait for commercial promotion by the Xiangmi Girl Group. ,issue a statement.
The statement stated:
The Xiangmi Girl Group has used Hu Ge’s name without authorization from the client. , the portrait promotes its “Goso” brand clothing, and Hu Ge’s portrait is printed on posters and product packaging, and marked with “Hu Ge jointly announces the payment”, “Hu Ge joins hands to help”, “Hu Ge Texts such as “Celebrities Jointly Recommend” and “Hu Ge Joins Hands with Sweet Lady for Joint Announcement” mislead the public into thinking that Hu Ge is endorsing his “Honey Girl GOSO” brand, which seriously infringes on Hu Ge’s legitimate rights and interests.
The statement also stated that Beijing Anli Law Firm visited many Xiangmixiuxiu physical stores in various places and found that there were infringements in offline physical stores. The pictures, promotional materials, and product packaging are unified. All materials and design artwork are provided by the Xiangmi Girl Group.
In order to protect the legal rights and interests of the client, Beijing Anli Law Firm has sent a lawyer’s letter to Xiangmi Boudoir Group, and Xiangmi Boudoir Group has signed for it normally.
On December 27, 2020, Xiangmi Boudoir Group personnel communicated that they have cooperated in removing Yichuan materials from the shelves. However, a recent investigation by our lawyers found that its infringement has not yet been It has not stopped, and various physical stores are still using Mr. Hu Ge’s name and portrait for commercial promotions.
In view of this, Beijing Anli Law Firm solemnly declares on behalf of the client:
1 , The client has not established any commercial cooperation relationship with Xiangmi Boudoir Group, and the use behavior of the relevant parties is malicious infringement. Please stop the infringement immediately and publicly apologize to Hu Ge;
2 , our law firm has carried out evidence preservation in accordance with the client’s entrustment, and has formally filed a lawsuit with the court against the infringement of the Xiangmi Girl Group;
3. Please Consumers should be vigilant to avoid being misled by false propaganda from unscrupulous merchants, thereby causing unnecessary economic losses.
2
The founder once served as the Marketing Department of Urban Beauty
The company in charge announced the completion of nearly 100 million yuan in Series A financing last year
As mentioned in the above statement by Yang Shuguang’s lawyer, the Xiangmi Boudoir brand infringes Hu Ge’s name and portrait. The main rights holders are two main companies, Shenzhen Xiangmi Boudoir Clothing Co., Ltd. and Guangdong Xiangmi Boudoir Technology Co., Ltd.
The Tianyancha website shows that the legal representatives of the two companies are Yuan Qiyu. Among them, Yuan Qiyu holds 65.17% of the shares of Shenzhen Xiangmi Girlfriend Clothing Co., Ltd. and Guangdong Xiangxiang. 50.64% shares of Honey Girl Show Technology Co., Ltd.
Tianyancha App shows that Shenzhen Xiangmi Girlfriend Clothing Co., Ltd. was established in March 2014, with a registered capital of approximately 326.9 Ten thousand yuan, its business scope includes wholesale, retail, design and research and development of clothing, shoes and hats, textile fabrics, textiles, daily groceries, and daily necessities. Tianyancha App shows that the company’s brand is GOSO Xiangmi Boudoir;
Another company involved, Guangdong Xiangmi Boudoir Technology Co., Ltd. was established in August 2019 with a registered capital of 3,000 Ten thousand yuan, the legal representatives of the above two companies are Yuan Qiyu, and both companies are involved in multiple legal disputes, including processing contract disputes, sales contract disputes, private lending disputes, etc.
In fact, Yuan QiYu is the founder of the Xiangmei Xiuxiu brand.
According to data, Yuan Qiyu, the founder and CEO of Xiangmiguixiu, has more than ten years of experience in the fast-moving consumer goods industry, including eight years of working experience in the Procter & Gamble marketing department. He once worked in the underwear brand Urban Beauty Market. Head of department.
In 2014, Xiangmi Boudoir was established, starting from the underwear category, mainly targeting consumers in lower-tier markets, focusing on the research and development, design and sales of comfortable and cost-effective lifestyle products. . Since its establishment, Xiangmi Boudoir has nearly 2,000 offline stores across 19 provinces; more than 300 new stores were added during the epidemic.
In June 2020, Xiangmiguixiu also announced the completion of nearly 100 million yuan in Series A financing, and the investor was Xianfeng Qiyun.
Xiangmiguixiu said that China’s sinking market has a population of 1 billion and a huge consumer base, and the market size of lifestyle brands can reach trillions. At the same time, the penetration rate of brands in sinking markets is still at a low level, while lifestyle brands focusing on comfort and high cost performance are almost blank. When establishing the brand image in the initial top-level design, Xiangmiguixiu positioned itself with “high cost performance” and the “comfortable and free” lifestyle that young consumers yearn for, so as to fully meet the upgrading of consumer branding needs in the sinking market and the transformation of the clothing market from no brand The general trend of transforming from bulk goods to branded clothing.
After the completion of Series A financing, Xiangmiguixiu will further increase the expansion of local stores and other sales channels, continue to increase investment in product research and development, and operate online and offline omni-channels. We will build efficiency and data middle platforms, build a supply chain digital platform and expand brand influence, striving to become a cost-effective lifestyle brand that best understands the needs of consumers in lower-tier markets.
3
Why do you keep being banned?
Lawyer: Rights protection income is not directly proportional to illegal income
Is the above similar phenomenon an infringement?
Xu Yingchao, a lawyer at Beijing Gaopeng (Nanjing) Law Firm, said that if celebrities use their portraits to promote commercial advertisements without their consent, it will definitely be an infringement of the portrait. right. Not to mention celebrities, even ordinary people, if their photos are used for commercial advertising without consent, it is still infringement.
Xu Yingchao said that as a public figure, a celebrity’s privacy rights are definitely not as strong as those of ordinary people. This is a sacrifice made by the celebrity. When a celebrity’s privacy rights are violated, it must reach a certain level, affecting reputation or causing widespread social criticism. Only then can we be held accountable. But entertainment also has a bottom line. If celebrities publish some very private information, such as their permanent address, income, and family situation, or slander celebrities about plastic surgery, the courts will protect the legitimate rights and interests of celebrities.
At present, there are many WeChat public accounts that analyze celebrities’ dress and appearance. Is this an infringement? Xu Yingchao told reporters that some WeChat public accounts use celebrities’ likenesses to package their own products without their permission and promote them for profit, which definitely involves infringement.
“This type of case is currently in trouble. The results obtained from rights protection are not directly proportional to the illegal gains of these companies, and it is difficult to prove it. It is possible that the company has benefited greatly from this kind of advertising. , in the end the court determined that the illegal consequences of infringement compensation were not very serious. Legislation needs to be continuously improved, and a punishment mechanism must be established.” Xu Yingchao said, “The punishment mechanism cannot always protect rights through judicial judgments of courts, and some platforms must also play their role well. Supervisory role.”</p
