First, Xuchang cake shop was accused of appearing in court as a bear.
"Bears haunt" is an animated film deeply loved by children. In order to increase sales, many businesses will follow their children's preferences to sell similar animation products, but they don't know that there is a risk of infringement, so a cake shop in Xuchang was sued. This cake shop in Xuchang has launched a birthday cake with a bear character. The cake is decorated with eight plastic dolls, five of which are related cartoon characters.
The bear infested official company believes that the cake shop's behavior infringes the copyright and damages its legitimate rights and interests, and demands the other party to compensate the economic loss of 30,000 yuan. In the first instance of this case, the defendant was sentenced to stop the infringement and compensate the plaintiff for economic losses and reasonable expenses of 5,500 yuan. The defendant appealed, and Xuchang Intermediate People's Court rejected the appeal and upheld the original judgment.
Second, is this situation an infringement?
In this case, the defendant infringed the copyright of others, so this situation belongs to infringement. In order to encourage inventions, China has special laws to protect intellectual property rights. According to the provisions of the copyright law, if there is any infringement, it should bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the situation.
It is an infringement for cake shops to sell cartoon characters in bears and add other people's works to cakes for profit without official permission. Intellectual property cases have always existed? Difficult proof and low compensation? The whole process of obtaining evidence in this case was recorded by a notary, and the evidence was complete. The cartoon characters of cake decorations sold in the cake shop are very similar to the characters in Bears, and are suspected of imitating or copying other people's works, so the plaintiff has the right to reasonable compensation.
Third, to sum up.
Xuchang cake shop used the image of a bear to appear in court, and its behavior violated the copyright of others, which was an infringement.