In 2005, a song "Perfume Is Toxic" quickly broke into the ears of everyone, and singer Hu Yanglin (stage name Hu Yanglin) quickly became popular with this song and was widely concerned. Many people have heard this song, more than ten years ago dominated the mobile phone ringtone list of "Perfume Toxic", many people know that Hu Yanglin sang this song, but it is not clear which "Hu Yanglin" is the real original song!
Singer Hu Yanglin (stage name Hu Yanglin)
Born in Yichang, Hubei Province, Hu Yanglin came to Beijing after graduation to continue chasing her dreams, and a chance recording work made Wang Hu, who was the music production director of Taige Impression Music, see her musical talent, so she signed a contract with Beijing Taige Impression Culture Communication Company. In 2005, the album song "Perfume Is Toxic" was released, and the name Hu Yanglin was known to the public, winning the 2006 Jamster Most Popular Mobile Ringtone Award (Mainland) in January 2007, and the Best Wireless Single Award at the 7th Chinese Music Media Awards in July of the same year.
Hu Yanglin's entanglement with Taige Impression Company and "Hu Yanglin"
At the beginning, Beijing Taige Impression Media Technology Co., Ltd. sued Hu Yanglin to the Chaoyang District People's Court of Beijing Municipality on the grounds that Hu Yanglin had performed a performance without permission, demanding compensation of 1 million yuan in liquidated damages and immediately stopping all breaches of contract.
After receiving the court's indictment, Hu Yanglin proposed that Taige Impression did not package and publicize for her as agreed, seriously delayed her development and demanded to terminate the contract, paying a remuneration of 57,300 yuan and a notary fee of 2,010 yuan. In the counterclaim application, Hu Yanglin said that Taige Impression was unjustifiably owed his performance fees and due remuneration, and the company's behavior seriously violated the contract between the two parties. He negotiated with the company many times, but did not get a solution, and was forced to make a decision to terminate the cooperative relationship between the two parties, and served the "Notice of Termination" to Taige Impression Company.
After investigation, the court ruled that Beijing Taige Impression Media Technology Co., Ltd. should pay the performance fees and remuneration owed to Hu Yanglin, and Hu Yanglin's counterclaim was successful.
After Taige Impression and Hu Yanglin terminated their contract in 2009, they signed a new singer, Gui Yingying, and asked her to sing "Perfume Poison" under the stage name of "Hu Yanglin". Taige Impression then also issued a special statement on its official channels, saying that Gui Yingying (stage name Hu Yanglin) was the company's newly signed singer, and Gui Yingying obtained the singing rights of "Perfume Toxic" as the only legal performer.
Singer Gui Yingying
Because the old owner Taige Impression let Gui Yingying participate in a large number of performance activities in the name of "Hu Yanglin", Hu Yanglin later sued Taige Impression and its company singer Gui Yingying to the court, demanding that the other party stop the infringement and claim more than 2.13 million yuan.
Taige Impression Company believes that it has made an agreement with Hu Yanglin in 2009, and in 2013 registered "Hu Yanglin" as a trademark of its own company, the company singer has the right to use the stage name "Hu Yanglin", and the copyright of "Perfume Toxic" is enjoyed by the company, so there is no unfair competition.
After investigation by the Chaoyang Court in Beijing, Hu Yanglin launched the online song "Perfume Is Toxic" under the stage name of "Hu Yanglin", and used the stage name of "Hu Yanglin" in a series of subsequent performing arts activities, and Hu Yanglin herself was interviewed and reported by many media. The singers of Taige Impression Company carried out performing arts activities under the stage name of "Hu Yanglin", which made many netizens express doubts and asked for verification of "Hu Yanglin" or "Hu Yanglin".
When the name of a natural person has the significance of identifying the source of the goods and can play a role in guiding consumers to make consumption decisions, the name also has the meaning of a commercial logo and is protected by the Anti-Unfair Competition Law. The protection of the name of natural persons by the Anti-Unfair Competition Law is an extension of the right to a name under the Civil Law in market competition, focusing on stopping acts of unfair competition that cause confusion in the market and protecting the property interests and consumer rights and interests of right holders. Although the use of the stage name "Hu Yanglin" by Singer Gui Yingying of Taige Impression Company was authorized by the trademark, the way it was used was prominently used in the stage name, not in a trademark use, so whether or not she enjoyed the exclusive right to use the trademark had nothing to do with this case.
The court finally ruled that Beijing Taige Impression Company and its artist Gui Yingying constituted unfair competition, ordered Gui Yingying not to use the stage name "Hu Yanglin" to carry out performing arts activities, deleted her personal homepage, the official website of Taige Impression, and the company's legal representative Sina Weibo's promotional content and "statement" on "Hu Yanglin", publicly apologized and compensated more than 233,000 yuan.
Combing through the name: Hu Yanglin's stage name "Hu Yanglin" is engaged in commercial performances and related creative activities, and Taige Impression Company registers "Hu Yanglin" as a trademark and awards its company artist Gui Yingying to use "Hu Yanglin" as the stage name for commercial performances and publicity.
There are many more cases of names being used as trademarks, and the "Alipay" we are familiar with has also had litigation disputes with the uncle whose real name is "Alipay".
Alipay and Alipay fight lawsuits
As Alipay is used by more and more people, many people often use Alipay for transaction payments in their daily lives. Uncle Alipay, who opened a food store, was blinded by a sentence of "Can I pay Alipay" in a customer transaction, so I asked where I knew my name, how can I call his name directly at will, which seems a little disrespectful.
Uncle Alipay and the names of big brother and sister
Later, after a lot of understanding, It was clear that there was a company called "Alipay" and his name collided together, because of this reason many people came to find him, the peaceful life suddenly became not quiet, many people will inadvertently joke with him "Alipay payment", "Alipay issued red envelopes", "Alipay sweep", etc., which made Uncle Zhi have a feeling of being insulted, so there was a case of Alipay and Alipay fighting a lawsuit.
Uncle Alipay and Alipay Store
After the investigation and evidence collection of the case, one of the parties, Alipay (Zhi Uncle), lost the lawsuit, but in the later stage, Alipay Company also found Alipay Uncle to cooperate, and cooperated with Uncle Zhi to open an Alipay demonstration store, and Uncle Alipay gradually accepted the fact that they accidentally collided together, and life also returned to the stability and calm of the past.
What else do you know about the fact that a name is used as a trademark or a company? You can share a message in the comment area.