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直播镜头里,谁在扮演“我”?
Yang Zi Wan Bao Wang· 2026-01-16 12:30
Core Viewpoint - The case highlights a significant instance of unfair competition in the digital economy, where a counterfeit account imitated a popular influencer's identity, leading to consumer confusion and reputational damage for the original account holders [1][3]. Group 1: Case Background - The original account "张白鸽.金其父女走全球" has over 20 million followers and is recognized for sharing life stories [1]. - A counterfeit account named "金其呀" was created, closely resembling the original in name and content, leading to consumer confusion and damage to the original account's reputation [1]. - The original account holders filed a lawsuit against the operator of the counterfeit account, seeking to stop the infringement and claim damages [1]. Group 2: Legal Proceedings - The presiding judge, Ji Fanya, recognized the complexity of the case, noting that the imitation was not merely a name duplication but a comprehensive replication of branding elements [2]. - The judge opted for mediation instead of a straightforward ruling, understanding the rapid spread of online infringement and the challenges of evidence collection [2]. - During mediation, the judge facilitated communication between both parties, highlighting the legal risks and potential economic consequences of the infringement [2]. Group 3: Legal Implications - The judge emphasized that the imitation of social media accounts is a typical form of unfair competition in the digital economy, as outlined in the revised Anti-Unfair Competition Law [3]. - The law prohibits the unauthorized use of influential new media account names, and violators face civil and administrative liabilities [3]. - The case underscores the need for account holders to strengthen their rights awareness and for platforms to enhance monitoring and enforcement against counterfeit accounts [3].