Source: @中新经纬, Dawan News
According to a report by Zhongxin Jingwei on the 8th, Tianyancha App shows that recently, due to the failure of Quanzhou Tongling Textile Trading Co., Ltd. to fulfill its obligation to apologize, Yang Mi applied for compulsory enforcement, and the Beijing Internet Court announced the main content of the judgment of the case of Yang Mi and the company's network infringement liability dispute.
The defendant company was the operator of the store involved in the case. After investigation, the store involved in the case is still in existence, but it has been renamed. Using "Yang Mi" as the keyword to search in the store involved in the case, the search results showed 38 product links, of which Yang Mi claimed that 28 links involved infringement, and Yang Mi's portrait pictures were used in each link, with a total of 113 pieces and 333 times, and the price of each product was between 368 yuan and 816 yuan, and the sales volume ranged from 0 to 31 pieces, a total of 97 pieces.
The defendant's use of the plaintiff's portrait in the Taobao store operated by the defendant for advertising purposes without the plaintiff's permission to attract public attention and purchase goods for profit-making purposes has constituted an infringement of the plaintiff's portrait right, and the defendant should bear the corresponding tort liability.
It was ruled that the defendant company should publish an apology statement in a prominent position on the homepage of the Taobao store operated by the defendant company to apologize to the plaintiff Yang Mi within 10 days after the judgment took effect, and the content of the apology statement should be retained for at least 48 hours, and the defendant company should compensate the plaintiff Yang Mi for economic losses of 18,000 yuan and evidence collection fees of 470 yuan.
Image source: Yang Mi Weibo
However, after the above-mentioned judgment came into effect, the defendant company failed to fulfill its obligation to apologize, and Yang Mi applied for compulsory enforcement, so the court announced the main content of the above-mentioned judgment.
Editor-in-charge: Zhu Yumeng
Proofreading: Su Huanwen
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