Using the images of "Xiong Da", "Xiong Er" and "Bald Head Strong", 10 cake shops in Danyang, Zhenjiang were sued

Modern Express News (correspondent Fu Xiangjun reporter Cao Dewei) because of the sale of domestic animation images with "Xiong Da", "Xiong Er", "Bald Head Strong", 10 cake shops in Danyang, Zhenjiang were sued to the court, claiming losses of more than 40,000 yuan. Recently, the Administrative Trial Division of Danyang Court has effectively exerted judicial initiative and successfully resolved a series of copyright infringement dispute cases.

The plaintiff's company is the copyright holder of art works such as "Xiong Da", "Xiong Er" and "Bald Head Strong", and the animation films "Bear Haunting" and series of animated films produced and distributed by the company have become one of the most influential domestic animations in China, among which the animation images such as "Xiong Da", "Xiong Er" and "Bald Head Strong" have good social evaluation and high social visibility. The plaintiff found that the 10 cake shops of the defendant not only used doll images that were highly consistent with the above-mentioned art works in the cake albums displayed by their cake shops, but also sold cakes with the above-mentioned doll images, infringing the copyright enjoyed by the plaintiff, so the plaintiff told the court and requested the defendants to stop the infringement and compensate for the loss of 40,000 yuan.

After receiving the court summons, the owners of the 10 cake shops were more emotional, believing that the plaintiff's party was "fishing for evidence", and its sales of cakes with cartoon doll images such as "Xiong Da", "Xiong Er" and "Bald Head Qiang" were made according to the styles specified by the plaintiff's personnel, which belonged to the plaintiff's "customization", and were not actively sold by the defendant's store, and should not bear the liability for compensation.

The judge in charge fully listened to the litigation opinions of all parties, understood the core interests of all parties and the focus of the dispute, and informed the defendants that not only did their stores sell cakes with the images of the infringing dolls involved in the case, but also the above-mentioned doll images were displayed in the cake album displayed in their stores before, which also infringed the copyright enjoyed by the plaintiff.

After several mediations, the judge ordered the defendants to pay the plaintiff a total of about 15,000 yuan in economic losses and reasonable expenses.

After the judgment was rendered, the judge who undertook the case once again explained the law and reasoned to the parties, tried to calm the defendant's antagonistic emotions, and let the "knots" in his heart gradually dissolve, and finally the two parties reached a settlement agreement and the defendants performed it on the spot, and the defendants no longer filed an appeal.