This is a case of celebrity rights protection. A large number of photos of Xiao Zhan appeared in the advertisements for Tmall’s two flagship stores selling glasses. And a large number of photos and videos of Xiao Zhan also appeared on the product promotion pages of Wang Yibo and Shawn Yue. The plaintiff appealed this matter to the court. In the above-mentioned book, he claimed that the two optical stores used the plaintiff’s photos and names in the sales of glasses and eyewear accessories without Xiao Zhan’s consent, and that the stores and products were infringed upon. Carry out publicity and promotion to increase exposure and attention. They even photoshopped Xiao Zhan’s promotional photos in other advertisements. The behavior of these two stores has seriously affected Xiao Zhan's economic interests.
The defendant believed that when using Xiao Zhan’s photos, it did not vilify or distort the photos, did not affect the plaintiff’s image, and did not cause any adverse effects or consequences to the plaintiff. And the use time is short, it is only used on three types of glasses, and the range of use is not extensive. Therefore, the product sales volume is small and the profit is small. The consequences of the tortious injury to the plaintiff are not serious. However, the court held that the defendant could not provide the use of the plaintiff’s image without the plaintiff’s consent and authorization. The defendant's behavior has infringed the plaintiff's right of portrait, so the defendant needs to bear certain legal responsibility.
Based on the opinions of the plaintiff and defendant, the court finally ruled that Xiao Zhan won. The court held that all the facts proved that the defendant had used Xiao Zhan’s photo and name, and the infringement had been established. Support the plaintiff’s claim and require the defendant to stop infringement and apologize. At the same time, the court ordered the optical shop to compensate Xiao Zhan 48,000 and 50,000 respectively. This Xiao Zhan rights protection case has also come to a successful conclusion.
Xiao Zhan’s rights protection is not the first case involving celebrities. Many businesses have knowingly committed crimes for the sake of profit. Now more and more celebrities are taking up legal weapons to protect their legal rights. Therefore, businesses must abide by the law and do not break the law. Sometimes the compensation may be more than the money earned, and in the end the gain outweighs the loss.