“Flowers” has so much staying power!
This past weekend, did you go to Yellow River Road to enjoy rice dumplings and pork ribs rice cakes?
It is said that there are so many people passing by on the Yellow River that traffic lights are installed
Source: Photo by Yan Daming of China News Service
Huanghe Road International Hotel
Queuing up to buy butterfly cakes
It took more than an hour to get up
Picture source: Xiao Nong’s fan “bobby milk tea”
Fresh rice cake
Even if Ms. Wang comes, she won’t be able to be ranked
Source: Photo by Yang Jianzheng, Xinmin Evening News
But the most funniest thing is
Located on Huanghe Road
An old Shanghai pork ribs and rice cake shop,
The chef selling pork ribs and rice cakes put it on directly
Masks of actors in “Flowers”
Play the role of Mr. Qi Bao~
Photo by Yan Shanshan, reporter of Morning News By Mr. Rong, a citizen
Some netizens questioned
It infringes the right of portrait
he does thisWill be
“Flowers”Legal action?
Faced with such a hot “business opportunity”
“Flowers” crew
Naturally, it’s a mixed bag.
On January 12, the crew of “Flowers” retweeted a statement issued by its attorney on its official Weibo, stating that some businesses and market entities were riding on the show’s popularity and used the show’s title without authorization. , character titles, lines, scenes, prop names, posters and related design works and other elements to carry out commercial marketing and promotion activities. The statement stated that it will defend its rights against the above-mentioned infringements.
Once the statement was issued, many netizens expressed their opinions.
Some expressed support for the drama company to protect intellectual property rights.“Fanhua has great copyright awareness.”
Some fans also hope that the show can launch some co-branded peripherals of “Flowers”, such as milk tea, coffee, dolls, etc.
“Can you produce toy figures with cartoon characters?”
“Want to drink Fanhua co-branded milk tea”
But some netizens refuted,I filmed a TV series,How can we just return to Shanghai?
Can the popularity of “Flowers” still be “sustained”?
Come and listen to the legal profession
Where can I tell you?
According to analysis by legal professionals, popular TV dramas generally protect their own rights and interests from three perspectives: trademark rights, copyrights and unfair competition.
“If the copyright owner successfully registers the word ‘Fan Hua’ as a certain type of trademark, others will not be able to use the trademark at will during the validity period.”Ma Yuanchao, a partner at Zhong Lun Law Firm, said that since the approval of registered trademark applications takes a long time, in practice, there are fewer copyright holders who can use this to protect rights during the TV series’ hot season.
Copyright protection is a relatively common type of rights protection. In addition to the well-known piracy and pirated broadcasts, the use of stills and screenshots in marketing may also constitute infringement.
As for whether it constitutes unfair competition, the key depends on whether the operator has engaged in confusing behavior to make people mistakenly think that it is someone else’s product or has a specific connection with someone else’s product.
For example, some merchants have launched the “Fanhua Baozong Same Style Set” and “Miss Wang’s Spare Ribs Rice Cake” that are the same style as “Fanhua”. Is this acceptable? Does this constitute infringement?
The answer is: there is a certain risk. For example, if something like this already exists in the public domain, such as Shanghai’s traditional food pork ribs and rice cake, there is no problem. But if you say “a certain character’s favorite food in Flowers”, then you are actually referring to such a TV series and such a work. Taking advantage of such a TV series and such a work to take advantage of it has certain risks in terms of anti-unfair competition law.
I run a shop that sells pork ribs and rice cakes, and then I cut some stills and print them into posters. Is this okay?
The answer is: no. One is suspected of copyright infringement and the other is unfair competition.
A simple interpretation is –
It’s okay for a restaurant to sell pork ribs, rice cakes, and stir-fried beef river. However, without permission, it uses the stills of “Flowers” to attract customers, promotes the restaurant’s pork ribs rice cakes or stir-fried beef river as the same style as “Flowers”, and even labels “Flowers” The crew recommends dishes, which is a complete infringement.
Give an example~According to China Intellectual Property News:
Last year, a hot pot restaurant in Xi’an launched three group purchase packages for its catering stores through the “Dianping” platform. The words “Platinum Han”, “Qiangsheng Group” and “Sister-in-law” were prominently used in the package names and package details pages. , and used cartoons of classic characters in “Hurry Up”, and promoted the aforementioned group purchase package as “jointly recommended”. The Xi’an Intermediate People’s Court believed that TV dramas, as a cultural commodity, are consumption objects in the spiritual life field of the public and have commodity attributes, so the name of the TV series belongs to the name of a commodity. At the same time, considering that “Cyclone” has a very high reputation among the audience, so The title of the TV series “Hurry Up” is a product name with certain influence in the sense of the Anti-Unfair Competition Law.
Without permission, the defendant used animated characters and scene name elements as its own product names, and marked the word “jointly recommended” on the product images, which was subjectively malicious and constituted unfairness. competitive behavior. In the end, the Xi’an Intermediate People’s Court ruled in the first instance that the defendant hot pot restaurant should compensate the defendant 300,000 yuan.
A drama has made a city popular. What collaborations are you most looking forward to from Fanhua? Welcome to the comment area to talk about it.
[Nong Hao Shanghai·Tian Xiaoyu Comprehensive Editor]
Material source: @新民 Evening News @ The Paper News @ Shangguan News @ Case Focus @ Beijing News, if there is any offense, please contact us.
Copyright statement: Unauthorized reproduction is strictly prohibited.
2024-01-15 06:56:00
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