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Out of stock, limited purchase! "Gu Ailing same model" hot attack Behind the wild consumption, there are merchants suspected of infringement

Out of stock, limited purchase! "Gu Ailing same model" hot attack Behind the wild consumption, there are merchants suspected of infringement

The Red Valley Ailing Competition only has a 150cm model left for the same ski.

"Gu Ailing with the same skis", "Gu Ailing with the same hat", "Gu Ailing with the same shoes", "Gu Ailing with the same ski clothes" on the e-commerce platform Gu Ailing has become the top stream with goods, but behind this is the merchants on this slope to take advantage of the carnival, most of which have nothing to do with Gu Ailing.

On February 8, Gu Ailing, known as the "talented girl" in the field of skiing in the world today, used 1620 super difficulty in the final of the freestyle skiing women's big jump at the Beijing Winter Olympics, and won the gold medal with a total score of 188.25 points.

Encouraged by Gu Ailing's victory, the sales of the same product of Gu Ailing on major e-commerce platforms have surged.

The Beijing News shell financial reporter searched and found that the e-commerce platform up to thousands of yuan of skis, down to 100 yuan of sneakers, Gu Ailing has the same products. As of February 10, Gu Ailing's same skis ranked third in the Tmall snowboard sales list, and six of the seven models of the red skis used to win the championship were sold out. The same shoe of Gu Ailing also ranks second in the popularity list of the same kind in the brand store, and the purchase of goods is limited. The store's customer service revealed to the shell financial reporter that Gu Ailing's ability to carry goods in the store is good, and there may be a price increase trend after the same shoe.

In addition to the above-mentioned commodity endorsements, Gu Ailing's ability to "carry goods wildly" cannot be ignored. According to data, the popularity of Gu Ailing's same ski resort has increased by 15 times compared with usual. #Gu Ailing the same nail art # entry has also been on the forefront of hot search, a small red book nail blogger told shell financial reporters that after Gu Ailing won the championship, the demand for the same five-ring nail art surged. In addition, some Gu Ailing peripheral products have also begun to sell well on major social platforms. However, some lawyers reminded that peripheral goods without Gu Ailing's authorization are suspected of infringing Gu Ailing's portrait rights, and Gu Ailing's same five-ring nail art commercial involves infringing the exclusive right of the Olympic symbol.

The same skis a variety of models out of stock "Gu Ailing same" heat hit these merchants standing on this snow trail

On February 8, the final of the 2022 Beijing Winter Olympics freestyle skiing women's big jump began to compete, and after three rounds, Gu Ailing scored 94.50 points with a super difficult third jump left turn of 1620, with a total score of 188.25 points, and won the gold medal. This is the first time Gu Ailing has tried this super difficult move in a large event, and even she herself is proud of the perfect completion of this time. After the game, Gu Ailing revealed in an interview with the media that he did not listen to his mother's advice to choose the relatively conservative action 1440 before the third jump, but chose the highest difficulty of 1620, because he wanted to "break the boundaries and slide to the best me".

After winning the championship, the reading interaction of the #Gu Ailing Gold Medal # topic reached nearly 1 billion times in one day, along with #Gu Ailing Third Jump#, #Gu Ailing Challenge World Ranking No. 1 Player#, #Gu Ailing Crying # and other topics have rushed to the hot search, and the heat continues to "dominate the list". In addition, unexpected topics such as #Gu Ailing's grandmother is from Nanjing# and #Gu Ailing's secret training in Sichuan have also been on the hot search list. Gu Ailing's every move has attracted much attention from the public.

Standing on the highest podium of the Winter Olympics, Gu Ailing, the goggles on his head, the ring on his finger, and the five-ring Olympic nail art on his fingernails have become the topic of everyone's eager discussion. According to CCTV Financial Report, on the morning of February 8, Gu Ailing won the championship, and the sales of ski equipment of the same brand on the e-commerce platform surged, an increase of more than 7 times compared with the 6th. The most popular item is the same snowboard as the Gu Ailing competition. According to the snowboard brand product promotion page, this snowboard tailored for Gu Ailing is based on the dragon that is representative of the traditional Chinese Han culture, and the layout "Gu" is based on A DRAGON AMONGST PEOPLE, which means the dragon among people.

Shell financial reporters searched on the e-commerce platform and found that 6 of the 7 different length models of the red skateboard used by Gu Ailing when he won the championship were sold out. Shell financial reporter consulted customer service and learned that due to the recent surge in the popularity of Gu Ailing, a variety of models of gu Ailing's same type of ski have been out of stock, "now there is no confirmation of when it can be replenished." According to the e-commerce platform data, since Gu Ailing left the circle, the same type of skis rose 6 places in the "Tmall List • Ski Hot Selling List", ranking third in the hot list as of February 10. Offline, an employee of a snow shop in Beijing also told Shell Financial Reporter that his store accepted gu Ailing's same brand of snowboard reservations, but "at present, there is only a burning series."

Encouraged by Gu Ailing's victory, the sports sales data of the e-commerce platform shows that the sales of the same series of products of Anta Valley Ailing have surged in an instant. Anta Tmall flagship store also specially launched the "Gu Ailing same style" special area, including Gu Ailing same coat, ski wear, down jacket, training shoes, prize shoes and so on. According to the store's customer service, Gu Ailing's ability to carry goods has been good, one of the Gu Ailing training shoes for the new product in January this year, since February 8 Gu Ailing won the championship after the sales are particularly good, the current product is limited to five pairs per person. The store customer service also revealed that the same training shoes may have a price increase trend after Gu Ailing's endorsement. On February 9, Gu Ailing's same training shoes ranked second in the brand's store popularity list.

In addition to endorsing products out of the circle, Gu Ailing's "wild goods" ability should not be underestimated.

The popularity of sports events has not only made Gu Ailing's same product a best-seller, but also brought fire to the same ski resort and related accommodation industry. According to the data of the Tongcheng travel platform, the Chengdu Xindu Jianfeng Dry Snow Four Seasons Ski Resort, where Gu Ailing conducted pre-race training, also quickly gained people's attention, and the search popularity of the ski resort on the Tongcheng travel platform rose to 15 times that of the weekday in real time. According to the data of Tujia Homestay, from 12:00 noon to 4:00 p.m. on February 8, the real-time search popularity of theme homestays with the keyword "ski" on the platform increased by 3 times month-on-month.

In addition, on The day of Gu Ailing's victory on February 8, along with the "Gu Ailing Gold Medal", there was also #Gu Ailing Five Ring Nail Art#. As of press time, Xiaohongshu shows that "Gu Ailing's same nail art" has 90,000+ products, and related notes have reached 100+. Among them, the same nail art tutorial, the same wearable nail products and other notes are mostly around a thousand likes.

Shell financial reporter contacted a seller of Gu Ailing's same wearable armor Xiaohong book blogger, according to the blogger, Gu Ailing's same nail art includes a hand-painted hook edge + Olympic five rings + Olympic logo icon, the whole set of wearable nails is priced at 89 yuan. And since the five ring nail art on the hot search, their own store customers continue, the last two days of wear nail orders are almost all Gu Ailing the same model, "recently rushed to work very busy, there is no time to send a small red book." The blogger also introduced that due to the large number of customizers, new customers need to arrange orders after payment, and they can ship after five days.

In addition to the hot search products, Shell financial reporters found that the current search for "Gu Ailing same model" on the e-commerce platform, a variety of goods are available. One of the store customer service told reporters that the shoes sold in his store, Gu Ailing, had worn in daily life, and also specially reminded reporters that "the same style of Gu Ailing with gold labels" was specially reminded. As of press time, this "Gu Ailing Same Shoe" has sold more than 20,000 pieces on Pinduoduo, and there are 4592 product evaluations.

In another Taobao store called "Idol Fang", Shell Financial Reporter found that the sales ranking of "Gu Ailing Peripheral Pendants" exceeded that of many traffic artists, ranking second in the store sales list, and there was an upward trend. The product page shows that Gu Ailing pendant has a total of 13 styles to choose from, and also supports the customization of the map, and the monthly sales of goods reach 500+. In addition to the peripheral pendants, Gu Ailing handbook stickers, Gu Ailing posters, Gu Ailing image printing mobile phone cases and other peripheral products are sold on major e-commerce platforms, and the price is more than 10 yuan. As of now, the authorized areas of Gu Ailing that can be found include Gu Ailing hand office jointly signed with Migu, Gu Ailing official authorized mobile power supply, Gu Ailing signature masks, etc., but these goods are not in stock at present, and Migu Mall shows that related products are in pre-sale.

Behind gu Ailing's hot sales of the same paragraph, the lawyer reminded that the goods may involve infringement

Under the "Gu Ailing same model" fever, does the Goods such as Gu Ailing's peripherals and Gu Ailing's same nail art involve infringement?

In this regard, Meng Zedong, a lawyer at Beijing Yingke Law Firm, reminded consumers that the behavior of e-commerce platform merchants selling Goods such as Gu Ailing stickers and Gu Ailing image keychains is illegal use of Gu Ailing's portrait without Gu Ailing's consent, which has constituted an infringement of Gu Ailing's portrait rights. Pursuant to Article 1019 of the Civil Code of the People's Republic of China, portraits of portrait rights holders may not be produced, used or disclosed without the consent of the portrait rights holder, unless otherwise provided by law. If a citizen's right to a person's likeness is infringed, the citizen has the right to demand that the infringement be stopped, that the reputation be restored, that the influence be eliminated, that an apology be made, and that compensation be made for the damages. And "sales volume" does not affect the determination of infringement.

However, when shell financial reporters asked the above-mentioned merchants who sold pendants around Gu Ailing, the merchants believed that the store goods did not involve infringement. Shell financial reporters found that the store has been open for up to six years and has long been selling acrylic hanging racks around star idols. In this regard, Meng Zedong analyzed that the number of such stores is large and exists for a long time, one is because the cost of rights protection (time cost, etc.) is relatively high, and the litigation procedure time is relatively long; the second is that the amount of compensation is relatively small, and the cost of violating the law is relatively low.

Meng Zedong suggested that consumers should try to choose a regular platform or official store to buy peripheral products when purchasing peripheral products; at the same time, consumers should also internalize their legal awareness and externalize it, such as finding that some stores sell related products with obvious infringement should be reported in a timely manner.

In response to the same nail art products of Gu Ailing that exploded on the Xiaohong Book, Meng Zedong believes that the five rings of the Olympic Games, the Olympic logo icon and other goods are currently elements in the public domain, and the simple use does not constitute infringement, but these elements and nail art creative collocation can constitute works, which should be protected by the mainland copyright law, and the sale of Gu Ailing's same nail art may be suspected of copyright infringement. That is to say, the so-called "Gu Ailing same type of wearing armor" goods sold on platforms such as Xiaohongshu may have two aspects of infringement, one is to infringe the exclusive right of the Olympic symbol, and the other is to infringe the copyright of Gu Ailing's same nail art designer. For consumers who want to have the same nail art of the champion, Meng Zedong suggested that nail art stores cannot actively provide customers with the same nail art, but individuals can make their own five-ring nail art. In addition, as long as the nail salon does not use the five-ring logo in the promotion, it will generally not be held responsible if the customer asks to draw a nail art containing Olympic elements.

Beijing News Shell Financial Reporter Li Menghan Editor Yue Caizhou Proofreader Liu Baoqing

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