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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
Xin Lang Cai Jing· 2025-11-11 12:00
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]
刘嘉玲喊话淘宝、天猫:欺骗消费者
Di Yi Cai Jing· 2025-11-10 11:45
Group 1 - Liu Jialing raised concerns on social media about serious infringement and consumer deception related to a product sold by "ENCARE Overseas Flagship Store" on Taobao and Tmall, which featured a photo of Tony Leung without any endorsement mention [2] - The product in question, "New Zealand ENCARE Ear Cow Immunoglobulin," is priced over 200 yuan per bottle, and the homepage image prominently displays Tony Leung's photo [4] - A previous case in Haikou involved a shop using a celebrity's photo without consent, leading to a court ruling that mandated the shop to apologize and pay 200,000 yuan for infringing on the celebrity's portrait rights [6] Group 2 - According to the Civil Code of the People's Republic of China, the use of a person's likeness without consent is prohibited, and businesses must verify the authenticity of any authorization for using such images to avoid legal risks [7] - The judge in the previous case emphasized the importance of businesses ensuring proper authorization for using images of individuals to prevent misleading consumers regarding endorsement relationships [7]
刘嘉玲喊话淘宝、天猫:欺骗消费者
YOUNG财经 漾财经· 2025-11-10 09:09
Core Viewpoint - The article discusses allegations against Taobao and Tmall for misleading consumers through unauthorized use of celebrity images in product marketing [3][6]. Group 1: Allegations of Misleading Marketing - Liu Jialing, a well-known actress, accused Taobao and Tmall of consumer deception regarding a product sold by "ENCARE Overseas Flagship Store" that featured a photo of her husband, Tony Leung, without proper endorsement [3][6]. - The product in question, "New Zealand ENCARE Ear Cow Immunoglobulin," was priced over 200 yuan, and the product page did not clarify whether Tony Leung endorsed it, leading to potential consumer confusion [8]. Group 2: Legal Context and Implications - A similar case in Haikou involved a shop using a celebrity's image without consent, resulting in a court ruling that mandated the shop to apologize and pay 200,000 yuan for infringing on the celebrity's portrait rights [12]. - The ruling emphasized the importance of obtaining proper authorization for using a celebrity's image in marketing to avoid legal repercussions and consumer misrepresentation [12].
【世相百态】AI魔改经典老剧切莫触碰侵权雷区
Zheng Quan Shi Bao· 2025-09-18 18:03
Core Viewpoint - The rapid development of artificial intelligence (AI) technology has led to a surge in AI-generated content (AIGC), which raises concerns about the boundaries of "fair use" and "infringement" in the context of classic works of art and culture [1][2]. Group 1: AI Technology and Content Creation - AI technology has enabled diverse forms of artistic reconstruction, including film adaptations, AI singer covers, and style imitation in painting, expanding creative boundaries [1]. - The phenomenon of AI modification, particularly of classic works, often prioritizes sensationalism over respect for the original content, potentially distorting the original creators' intentions and undermining the essence of the original works [1][2]. Group 2: Intellectual Property Concerns - The use of AI for modifying classic works without the original creators' permission may constitute copyright infringement, especially since the copyrights of many classic works have not expired [2]. - AI-generated content that distorts the portrayal of actors or characters may infringe on the rights of the individuals involved, raising significant legal issues [2]. Group 3: Legal and Ethical Responsibilities - Creators and platforms must respect the rights of original creators and seek proper authorization to ensure that AI modifications comply with copyright laws [2][3]. - The responsibility for any infringement lies with the video publishers, while platforms that fail to fulfill their review obligations may also face liability for the consequences of such infringements [3].
王一博起诉莆田鞋,将于下月开庭
Qi Lu Wan Bao Wang· 2025-08-15 01:17
Core Viewpoint - The lawsuit involving Wang Yibo against multiple companies related to the unauthorized use of his likeness has gained significant public attention, with a court hearing scheduled for September 2, 2025 [1][4]. Group 1: Lawsuit Details - The case is a dispute over portrait rights, with Wang Yibo as the plaintiff and several companies, including Putian Lai Le E-commerce Co., Ltd., as defendants [1][4]. - The court hearing will take place at the Putian City Licheng District People's Court [1][4]. - The case number is (2025) Min 0304 Min Chu 5168 [4]. Group 2: Company Information - Putian Lai Le Investment Co., Ltd. was established in December 2023, with a registered capital of 880,000 RMB, and is involved in investment activities and business management consulting [4][5]. - Putian Lai Le E-commerce Co., Ltd. was founded in July 2021, with a registered capital of 500,000 RMB, focusing on internet sales and retail of shoes and hats [5][6]. Group 3: Legal Context - The unauthorized use of a celebrity's likeness for commercial purposes constitutes infringement, as outlined in the Civil Code, which protects individuals' portrait rights [7]. - The law prohibits any organization or individual from using someone's likeness without consent, emphasizing the importance of legal compliance in marketing practices [7].
王一博起诉莆田鞋,将于9月开庭
第一财经· 2025-08-14 12:49
Core Viewpoint - The article discusses the legal case involving Wang Yibo suing multiple companies for unauthorized use of his likeness, highlighting the importance of celebrity rights and the implications of unauthorized endorsements [2][8]. Summary by Sections Legal Proceedings - Wang Yibo has filed a lawsuit against several companies, including Putian Lai Le E-commerce Co., Ltd. and Putian Lai Le Investment Co., Ltd., for a portrait rights dispute, with the court hearing scheduled for September 2, 2025 [2][5]. - The case number is (2025) Min 0304 Min Chu 5168, and it will be heard at the Putian City Licheng District People's Court [5]. Company Background - Putian Lai Le Investment Co., Ltd. was established in December 2023, with a registered capital of 880,000 RMB, and is involved in investment activities and business management [6]. - Putian Lai Le E-commerce Co., Ltd. was founded in July 2021, with a registered capital of 500,000 RMB, focusing on internet sales and retail of shoes and hats [7]. Celebrity Rights and Legal Framework - The article emphasizes that unauthorized use of a celebrity's likeness for commercial purposes constitutes infringement, as outlined in the Civil Code, which protects individuals' portrait rights [8]. - It states that any organization or individual must obtain consent from the portrait rights holder before using their likeness for any purpose, including advertising and promotions [8].