Tianyancha App shows that recently, Shanghai Youorai Garment Co., Ltd., a subsidiary of Xinjiang La Chapelle, added a new information on the enforcee, with an enforcement target of 250,000 yuan, and the related case was a dispute between Yang Zi and the company's online infringement liability, and the enforcement court was the Beijing Internet Court.
Yang Zi (Source: Yang Zi Weibo)
Relevant documents show that in 2016, Yang Zi signed a contract to endorse the Puella brand (La Chapelle's brand) casual clothing products, and the contract period was from November 26, 2016 to November 26, 2018. However, as of early 2021, the defendant's flagship store still promoted Yang Zi as the spokesperson for the product. To this end, Yang Zi claimed that after the expiration of his contract as the spokesperson of the "Puella" brand image sold and operated by the defendant, the defendant still used his portrait pictures for advertising without authorization for two years, and still promoted it as the spokesperson of the product, disrupting the rules of commercial endorsement, and infringing Yang Zi's portrait rights and reputation rights.
Court enforcement information (Source: Official website)
In September 2022, the court held that the defendant's use of the plaintiff's portrait for publicity without the plaintiff's consent in the online store operated by the defendant could easily lead others to mistakenly believe that the plaintiff's consent to the defendant's use of his portrait for commercial endorsement constituted an infringement of the plaintiff's portrait rights. In the end, the court ordered Shanghai Youorai Garment Co., Ltd. to immediately delete the infringing pictures and apologize to Yang Zi, while compensating Yang Zi for economic losses of 250,000 yuan.
It is reported that Puella is an important brand of La Chapelle, known as the "Chinese version of Zara". According to a previous report by Southern Metropolis Daily, La Chapelle is the first clothing company listed on the Hong Kong Stock Exchange and the Shanghai Stock Exchange, and has expanded rapidly, achieving revenue of more than 10 billion yuan and more than 9,000 offline stores. However, in recent years, La Chapelle has successively experienced a wave of store closures and bankruptcy liquidation. On March 31, 2022, La Chapelle A-share shares were officially suspended and subsequently delisted from A-shares.
(Polar News Roundup)
(Source: Polar Eye News)