In this case, Mi Yuan Company used Yuan Longping's name and portrait for commercial purposes when promoting products related to Haimi without permission, but there is no evidence to prove the relevance of Yuan Longping to its promotional products, and it is not enough to prove that the relevance is consistent with the contents involved in its promotional articles.
According to reports, Longping Hi-Tech is an agricultural science and technology listed company established in 1999 with a registered capital of131700 million yuan. Its business scope includes crop planting and sales, processing and sales of agricultural and sideline products, etc. It has a certain influence in the field of agricultural seed industry. In order to regulate the commercial use of Academician Yuan Longping's right to name and portrait, Academician Yuan Longping signed the Yuan Longping Brand Rights License Agreement with Longping Hi-Tech before his death, and obtained the exclusive commercial right to use Academician Yuan Longping's right to name and portrait in commercial activities. On April 20, 2020, Longping Hi-Tech discovered that an agricultural company, (Hangzhou) Culture Media Co., Ltd., Huang Wei (net name "viya VIYA") and Taobao were suspected of infringing Yuan Longping's right to name and portrait, so it applied to Changsha Notary Office for notarization and evidence collection, and preserved the official WeChat account, company website and Taobao shop of an agricultural company.
On April 23, 2020, Longping Hi-Tech issued a warning letter to an agricultural company, demanding that an agricultural company "immediately stop selling counterfeit' Yuan Longping' rice and other infringing goods on the Internet and other channels, and delete relevant web pages; Without legal authorization, it is forbidden to use Yuan Longping's relevant names, portraits and trademarks for commercial promotion, or to establish contact with Yuan Longping when promoting related goods. " The above is my answer, I hope it will help you.