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Children's Shoes Illegally Printed "Ash Wolf" Supermarket Infringement Compensation.

2012/10/30 19:05:00 16

Children's ShoesShanghaiIntellectual Property

 

Animated cartoon "pleasant goat and grey wolf" after hot, printed with "pleasant goat" and "big wolf" and other cartoon images of various products are also widely touted. Some businesses are authorized to sell without authorization. The copyright owner of the cartoon image, a cultural communication company in Shanghai, started their nationwide activism, and the major supermarkets in the country were the first defendants. Recently, a cartoon image of "big wolf" was printed in the supermarket. Children's shoes The disputes arising from intellectual property rights were tried in the court of the park. The supermarket was sentenced to infringe on the right to issue the cartoon image of "big wolf".


Shanghai cultural communication company conducted a market survey and found that a supermarket selling children's shoes products in the city illegally used the "big wolf" cartoon image art works, violating the right of distribution and reproduction of the work. After completing the forensics work, Shanghai The company sent a petition to the court, demanding that the supermarket stop infringement and compensate for the economic losses. In the lawsuit, the supermarket argued that its children's shoes had a regular purchase channel, and the supplier guaranteed the intellectual property rights in the purchase contract, once the product was involved in infringement. intellectual property right All the legal consequences resulting from it shall be borne by the supplier company. After receiving the petition, the supermarket has returned the children's shoes. Therefore, the supermarket believes that there is no intention of infringement, and should not bear legal liability.


According to the court's trial, "grey wolf" is the main cartoon character of the animated cartoon "pleasant goat and grey wolf" with high social popularity. The defendant supermarket should pay attention to the famous cartoon character of "big wolf" when purchasing children's shoes. It also has a reasonable obligation to check whether the supplier is authorized by the owner. The supermarket can not prove that it has fulfilled the obligation of reasonable review only by buying and selling contracts.


In the end, the court found that the defendant supermarket had sold to the public the goods printed with the "big wolf" cartoon image without permission from the right person, violated the "gray wolf" cartoon image art distribution rights, and immediately stopped the infringement and assumed the liability of compensation.

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