遭刘嘉玲炮轰侵权的保健品ENCARE是谁：中国人在新西兰创办，以直销模式卖货

Core Viewpoint - Actress Liu Jialing publicly questioned the infringement behavior of merchants on e-commerce platforms, specifically targeting Taobao and Tmall for allowing the use of actor Tony Leung's likeness without authorization [1][3] Group 1: Incident Overview - Liu Jialing shared screenshots of an e-commerce page featuring Tony Leung's image, accusing the platforms of serious infringement and consumer deception [1][3] - The store in question, "ENCARE Overseas Flagship Store," was selling a product called "New Zealand ENCARE Ear Cow Immunoglobulin," using Tony Leung's half-body photo on its homepage [3] - The store claimed to have sponsorship rights from a program featuring Tony Leung, suggesting they had the right to use his image [3][17] Group 2: Company Background - ENCARE is a brand under Anfa International, which applied for the "ENCARE" trademark in October 2023 and is expected to obtain ownership by July 2024 [3][7] - Anfa International is registered in New Zealand and holds a 66.2% stake in its subsidiary, Anfa (Fujian) Biotechnology Co., which is one of the few companies in China with direct selling qualifications [13][15] Group 3: Legal Implications - Legal experts indicated that the actions of the store constitute infringement, as the use of a person's likeness for commercial purposes requires explicit consent [16][17] - The claim that sponsorship of a program equates to image authorization lacks legal basis, and the direct selling license does not exempt the company from liability for unauthorized use of celebrity images [17] - The jurisdiction for potential lawsuits includes both the location of the infringement and the residence of the infringed party, allowing for legal action against the store or the e-commerce platform [17]