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Veteran costume Heilan House (600398. SH) was recently identified as plagiarized by a domestic niche original IP brand marketing company, but the product is not men's clothing, but daily necessities.
At the first time that the company issued a statement designating Heilan Home for plagiarism, Heilan Home removed the relevant products from the shelves, but did not make any response statement. Nandu reporter contacted Heilan Home, a relevant person in charge of the company said that it will respond to this matter, as of press time, there is no reply.
Lawyers believe that in the field of intellectual property disputes, whether products that are not identical but have similar products can be found to be infringing may involve the proportion of similarity and the understanding of the problem, and ultimately rely on the ruling of the judicial organs, and there is some uncertainty.
The packaging content of the products sold in the flagship store of Heilan Home Life has been identified as plagiarized and has now been removed from the shelves
Niche original IP brand marketing companies identify veteran clothing Heilan Home as plagiarized
In December 2021, Shenzhen Enigma Biocultural Communication Co., Ltd. (hereinafter referred to as "Enigma Bio") issued a document identifying Heilan Home for plagiarism, saying that the company's IP brand WHIKO image and marketing content were plagiarized by Heilan Home. Zhang Sheng (pseudonym), the relevant person in charge of The Mystery Biology Company, told the Nandu reporter that the company noticed this matter when asked by fans whether it was jointly named with Heilan Home, the company has applied for IP trademark and copyright registration of works, and the marketing content published and updated on different platforms can also be proved to be the company's original content.
According to the official website of Enigma Biology, WHIKO was founded in 2015 and has accumulated more than 30 million fans across the network. At present, based on the IP image, the company has derived retail, joint brand, theme exhibition and other businesses.
Regarding the identification of Heilan Home plagiarism, Zhang Sheng believes that Heilan Home's behavior has exceeded the degree of learning and borrowing in the design concept process, and the nature has become plagiarism. "The aesthetic convergence is understandable in the creative process, but the nature of the present, (is) to take all our results, without any modification, to use them immediately."
On the left is Heilan Home Products The right is the biological IP of the mystery
According to the screenshot on the Internet, Heilan Home has established the flagship store of Heilan Home Life Home (hereinafter referred to as "Life Home") on Tmall, Douyin and other platforms, with the trademark "HI, LIFE", and sells products such as protective coatings, facial cleansing soft towels, disposable bath towels and other daily consumer goods. The brand image of Life Home is an image IP called "Xiaohai", and content marketing is carried out based on this image on the packaging of related products. At the same time, Heilan Home has promoted and sold this product information on the CCTV douyin live broadcast channel.
Image source: Creatures of Enigma
The mysterious creature is based on the image of "Xiaohai" and the design of product packaging to identify plagiarism. Enigma Bio believes that the brand image and packaging graphic design launched by Heilan Home at that time copied the company's marketing content in 2016, 2019, 2021 and other years.
Nandu reporter noted that in the identification statement of Heilan Home plagiarism issued by the mysterious creatures through Weibo, WeChat, Douyin and other platforms, netizens unanimously turned to support the mysterious creatures in this discussion.
Zhang Sheng said that Heilan Home has had 3 or 4 telephone communications with the company, and the company has proposed that it needs a fair and just solution, and as of now, there has been no substantive progress.
The whole network of products has been removed From the shelves The company did not respond positively
The reporter saw through the search of Tmall, Douyin and other platforms that the Tmall flagship store of Heilan Home Life home can no longer be searched, and there is no record of related products on sale and sales in Douyin. In terms of copyright registration, Tianyancha information shows that Heilan Home has only one copyright registration record of works, which is the company's Brand Image of San Kaino, which completed the creation registration in 2000.
For the "Life Home" brand, it was not seen in heilan home in the middle of the year. However, in August 2020, Heilan Home invested in the establishment of Shanghai Heilan Home Life Home E-commerce Co., Ltd. (hereinafter referred to as "Heilan Home Life Home"), which includes e-commerce, clothing and apparel retail, and daily necessities sales. The brand intensively registered the "HI LIFE AWAKE" series of trademarks in May 2021.
Nandu reporter contacted Heilan Home, the relevant person in charge of the company said that it will explain the matter, as of press time has not received a response.
IP becomes a consumer trend The analysis points out that infringement disputes depend on judicial determination
As young people become the main force of consumption, new consumption trends promote the marketing of established domestic brands into unfamiliar areas. And with that
In 2018, Heilan Home established Heilan Preferred, a home furnishing brand. At the same time, it also opened the PATH of IP marketing, in addition to the traditional spokesperson promotion, this year, through in-depth cooperation with multiple IPs, launched the "Fat Westward Journey Series", "Pacific Rim Series", "Stimulating Battlefield Series", "Transformers Series" and other thematic products. In 2019, the number of cooperative IP increased to 12, including six game IPs of Bruce Lee and Blizzard; the film and television field "The Haunting of the Heavenly Palace" and "Captain China" and the "New Blind Date Conference", "Strange Story", "The Strongest Brain" and so on. 2020 is also an unabated year.
In 2019, heilan home's new series of fashion brand black whale clothing was accused of plagiarizing many brands such as domestic original tide brands ROYALWILD and Balenciaga, and the incident finally ended with black whale removing the products involved.
The two plagiarism controversies have allowed the outside world to see the development path of Heilan Home to create a tide brand and enter the field of household products. The IP marketing and other paths promoted by Heilan Home are in line with the consumption trend in recent years.
At the beginning of this year, the research group of Beijing Normal University released the "2021 New Youth Fashion Consumption Trend Development Report". The "Report" believes that for new young consumers, the traditional e-commerce sales model can no longer meet their spiritual needs. The cross-border collision of IP, artists, different industries or brands and other fields has increased the injection of fresh elements, giving new sensory stimulation to traditional fashion products, and also stimulating the emotional experience of new young consumers in terms of value recognition and nostalgia. The report pointed out that in 2020, the number of women's wear consumers of anime IP design elements on the Tmall platform was 2.5 times that of 2019.
Industry insiders believe that the rise of the IP economy is about 2015 as the first year. According to the interpretation of the industry, IP (the abbreviation of Intellectual Property, that is, intellectual property) does not only refer to copyright in intellectual property, but also includes the brand concept in business behavior.
Plagiarism is not uncommon in this area. On February 8, 2020, Bubble Mart AYLA Animal Fashion Show series of new products was released to the public. Fans soon pointed out that the product was suspected of plagiarizing the product of another anime toy company, DollChatueau (Chinese "Doll Castle"). On February 18, Bubble Mart's official Weibo posted an apology statement, acknowledging that "there are problems in the design process of individual styles, similar to the design of DollChatueau products." The statement said that the company will remove AYLA animal fashion show products from omni-channel, and refunds and recalls those that have been sold.
The lawyer's analysis believes that in the field of intellectual property disputes, when the parties raise infringement or plagiarism, it cannot be clarified until the judicial judgment is made. Mao Peng, a lawyer at Guangdong Shengdian Law Firm, said that according to the external statement of Enigma Biology, (the products of the two parties) are indeed somewhat similar, but whether they constitute infringement, based on the similarities between the two products, there are also some differences, "How to grasp this degree, different judicial adjudicators may understand it will be very huge." ”
Mao Peng said that in the field of intellectual property rights, it is not exactly the same, but whether similar products can be found to be infringing may involve the proportion of similarity and understanding, and ultimately rely on the rulings of judicial organs, which may be greatly related to the knowledge structure and understanding of judicial adjudicators themselves, or there is some uncertainty.
Written by: Nandu reporter Ye Linfang