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3D打印Labubu模型获利可能违法
news flash· 2025-06-16 06:52
Core Viewpoint - Labubu, a brand under Pop Mart, has gained significant popularity, with second-hand market prices exceeding thousands of yuan, positively impacting the 3D printing industry [1] Group 1: Product Development and Technology - Labubu has extensively adopted 3D printing technology in its iterations, significantly reducing product iteration costs [1] - 3D printing enthusiasts are sharing and printing Labubu models on various platforms, with some individuals reportedly earning over 100,000 yuan through this process [1] Group 2: Legal Considerations - Lawyer Meng Guangyuan emphasizes that unauthorized imitation may infringe copyright, trademark rights, and engage in unfair competition, which could lead to consequences such as compensation and product removal if infringement is established [1]
10块钱买一条“中华”?低价茶打擦边球仿香烟售卖
Xin Jing Bao· 2025-06-15 07:28
Core Viewpoint - The article highlights the issue of tea products being sold in packaging that closely resembles well-known cigarette brands, particularly "中华" (Zhonghua), which raises concerns about consumer deception and potential legal violations related to trademark infringement and misleading advertising [8][20][21]. Group 1: Product Description and Consumer Experience - The tea products are packaged in boxes that mimic the appearance of cigarette brands like "中华," "荷花," and "南京," with prices around 10 yuan or 9.9 yuan per package [4][6][19]. - Consumers have reported confusion and disappointment upon receiving the products, as they expected cigarettes but received tea instead, leading to negative reviews and claims of being misled [4][10][15]. - The tea quality has been criticized, with industry experts stating that the products do not meet the standards of the advertised types, such as "肉桂" (Rougui) and "大红袍" (Da Hong Pao) [22][24]. Group 2: Legal and Regulatory Concerns - Selling cigarettes online is illegal under Chinese law, and the use of similar packaging for tea products may constitute trademark infringement and unfair competition [8][20][21]. - The packaging of the tea products is argued to infringe on the trademark rights of "中华" cigarettes, as the design and branding are closely associated with the well-known cigarette brand [20][21]. - Legal experts suggest that the tea products' packaging could mislead consumers and harm the reputation of the "中华" brand, potentially leading to legal action [20][21]. Group 3: Market Implications - The article indicates a growing trend of using deceptive marketing practices in the tea industry, where low-quality products are sold at low prices, often misleading consumers [22][24]. - The presence of such products in the market raises concerns about consumer protection and the integrity of e-commerce platforms, as they may facilitate the sale of counterfeit or substandard goods [22][24]. - The situation reflects broader issues within the tea industry regarding quality control and the need for better regulation to protect consumers from misleading practices [22][24].
“《大话西游》动图案”判了!将电影“名场面”做成动图表情包暗含哪些法律风险?
Yang Guang Wang· 2025-05-12 03:18
Core Viewpoint - The case highlights the legal risks associated with the use of GIFs derived from copyrighted films, specifically focusing on the balance between copyright protection and the concept of fair use in digital content sharing [1][2][3]. Group 1: Legal Context - The Shanghai Yangpu District People's Court ruled that the GIFs created from the film "A Chinese Odyssey: Part One - Pandora's Box" constituted copyright infringement, as they were not transformed enough to qualify for fair use [2][3]. - The court emphasized that the GIFs were direct extracts from the film, lacking originality and thus replacing the original content's dissemination [2][3]. Group 2: Responsibilities of Platform Operators - The court found that the network company, as the platform operator, had a responsibility to monitor and prevent copyright infringement, given the high risk associated with the content uploaded by users [3]. - The network company was deemed to have subjective fault for not fulfilling its duty to review the uploaded GIFs, leading to its liability for facilitating copyright infringement [3]. Group 3: Fair Use Considerations - The court's decision indicates that fair use is contingent upon various factors, including the nature and purpose of the use, the nature of the original work, and the potential market impact on the original work [5][6]. - The distinction between personal use among friends and public dissemination on social media platforms is crucial in determining the risk of infringement [5][6]. Group 4: Implications for Content Creators - The ruling serves as a reminder for content creators to respect intellectual property rights when using film clips for GIF creation, as failure to do so may lead to legal repercussions [6]. - The concept of "reasonable use" is designed to balance the rights of copyright holders with the interests of public creativity, but it requires careful consideration of the context in which content is shared [6].