Today, decorating the cake with some animated cartoon dolls has become one of the selling points of the bakery, who did not know that such cartoon cakes existtrademarkThe risk of infringement.
An animation company, which owns the copyright of Boonie Bears, has filed a lawsuit against a bakery in Yizheng, Jiangsu Province, over the unauthorized use of characters such as Xiong Da, Xiong Er, Skinhead Qiang and Jiji from the cartoon series. Recently, the People's Court of Yizheng City, Jiangsu Province, made a first-instance judgment on the case, ordering the bakery to stop the infringement immediately and compensate the animation company for economic losses and reasonable expenses6Ten thousand yuan. The ruling has now taken effect.
Ringser's view:In this case, without the permission of the copyright owner of "Xiong Da" and other cartoon works, the bakery used doll ornaments with the above cartoon images on the cake, which has violated the "distribution right" enjoyed by the copyright owner. The bakery argued that it was legally purchased through Taobao and provided the screenshot of the Taobao order, which could only prove that the doll ornaments were purchased from Taobao shops and only showed the objective source of the doll ornaments involved in the case, but could not prove the legal source. Bakery as a market operator, should have an objective and reasonable understanding of the general price of ordinary genuine products. Under the circumstance that the price of the doll accessories involved in the case is obviously out of proportion to its popularity, if the bakery does not ask whether the seller has obtained legal authorization but still buys them at a lower price, it can be determined that the bakery has not fulfilled its reasonable duty of care and cannot be determined as good faith subjectively. So the court did not accept the bakery's claim of legal origin.
When adding popular cartoon art works into products, operators should enhance their awareness of intellectual property protection, try to use original cartoon images, or select qualified suppliers when purchasing goods, so as to avoid legal risks in their business activities. Welcome to contact Huanze intellectual property consulting related business!
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