2065438+In September 2009, Bi Mou and Lu Mou registered and established two companies in Hangzhou. One company's name is similar to that signed by Li Jiaqi, and the other company uses it directly? Qijia? Name (Qijia Film and Television Culture Development (Hangzhou) Co., Ltd., Meiwan (Hangzhou) E-commerce Co., Ltd.). These two companies produce and sell products under the pseudonym of Li Jiaqi, and also produce, publicize and sell them? Li Jiaqi Ye Zhi? Self-heating fast food, instant fast food and snack food series products are printed with Li Jiaqi's portrait and name on the outer packaging. In March 2020, Li Jiaqi took the two companies to court, claiming 6.5438+0.06 million yuan.
Shortly after the products of the two companies were circulated in the market, some loyal fans in Li Jiaqi discovered that the series of snacks were not produced in Li Jiaqi, but were used by merchants for their portraits, names and other information. In order to help their idols protect their rights and interests, fans bought some infringing products and mailed them to Li Jiaqi.
In fact, Li Jiaqi has never cooperated with Qijia Film and Television Culture Development (Hangzhou) Co., Ltd. and Meiwan (Hangzhou) E-Commerce Co., Ltd.
Extended reading:
Dispute case of personality right
A lawsuit brought by a general personality right dispute is an infringement lawsuit. According to the principle of Article 29 of the Civil Procedure Law, it shall be under the jurisdiction of the people's court in the place where the infringement is committed or where the defendant has his domicile. According to Article 28 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), the place where the infringement occurred includes the place where the infringement occurred and the place where the infringement result occurred.
At the same time, personality right refers to all kinds of personal rights inherent in civil subjects and directly endowed by law. Personality right is a kind of non-property right, so it is different from property right. Personality right is a dominant right, so it has exclusive effect. Personality right is an absolute right, and no one else can hinder its exercise. Finally, personality right is an exclusive right, that is, others may not exercise it by subrogation. ?