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"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

author:Wine brother Yang Chengping
"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?
"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

Guizhou Kobe Liquor was questioned.

Text | Selling Wine Wolf Team

Ed southerly

In recent days, the Douyin account "Guizhou Kobe Liquor" has attracted a lot of attention on the Internet...... One of the most repeated questions is, "Is this company 'touching' celebrities?" ”

"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

It is understood that the profile of the account is, "Have you ever seen the street scene of Los Angeles at 4 a.m....... Kobe sauce wine, a tribute to the legend of love, youth never ends. ”

At the same time, the account kept posting videos saying that "two Kobe Sauce Liquor Kobe 8 and Kobe 24 have been launched." ”

1

Everywhere is "Kobe", please champion "platform"?

In addition to the content of the account profile, in the video posted by the Douyin account "Guizhou Kobe Liquor", a large number of elements related to Kobe Bryant also appeared, such as Kobe's trademark logo, No. 8 and No. 24, "Mamba Spirit" and so on.

Who is Kobe? Kobe Bryant is the best NBA player in the first 10 years of the 21st century!

"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

Bryant was named to the U.S. men's national basketball team for the first time in 2007 and went on to win gold medals at the 2007 Men's Basketball Championship of the Americas, men's gold medals at the 2008 Beijing Olympics and men's basketball gold medals at the 2012 London Olympics. On November 30, 2015, Kobe Bryant announced that he would retire after the season...... In 2020, Bryant was killed in a helicopter accident at the age of 41.

In China, Kobe's fame can be described as a household name, and even a number of media have published articles discussing "Why is Kobe so popular in China?", such as: "American media: Why Chinese fans love Kobe", "Kobe Bryant explains why he is popular in China: I resonate with Chinese culture", "Why did "6 billion Kobe" come from? The reason why Kobe Bryant is so popular in China in the eyes of Americans" and so on.

So, is the Douyin account "Guizhou Kobe Liquor" really as "fearless" as netizens commented?"Has it been approved?", "Does this not constitute infringement?", "Are you sure this is not touching porcelain?", "Will laws and regulations really allow it?......

"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

In the face of overwhelming doubts, the Douyin account "Guizhou Kobe Liquor" has deleted some of the videos, but still retains some of the world champion blessing videos. It is reported that Sanda World Champion Lin Huimin, Speed Skating Youth World Champion Lin Xue, rhythmic gymnastics champion Zhou Xinyu and others appeared in the blessing video and said, "I praise Kobe Wine, so stay tuned".

On April 25, the Douyin account "Guizhou Kobe Liquor" released a video again, saying, "Kobe Liquor did not invite any champions to be spokespersons, we just invited a few champion friends to help us simply record a video, out of respect for the legendary superstar, out of recognition of the Mamba spirit, out of help to friends, these champions did not charge any fees from Kobe Liquor......

2

Is it compliant? Is it legal? Is Guizhou Kobe Liquor really not afraid of being sued?

According to Tianyancha, Guizhou Kobe Liquor Co., Ltd., established in 2023 and located in Guiyang City, Guizhou Province, is an enterprise mainly engaged in the manufacturing of wine, beverages and refined tea. The registered capital of the enterprise is 10 million yuan.

"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

In addition, the intellectual property information shows that the company has applied for the registration of 5 trademarks, including words and graphics such as "KEBI", "Komanbiba" and "Mankobabi", all of which are classified as alcohol, of which the status of "KEBI" and figurative trademarks is the preliminary examination announcement, and the rest of the trademark applications are in the "rejection review".

Such a "new company" really needs to take a different path of development in the liquor industry, which pays attention to history and cultural accumulation. But is it too unusual to promote Kobe Bryant, and is there a legal risk?

On the morning of April 24, the staff of the Market Supervision and Administration Bureau of Guanshanhu District, Guiyang City, said that there is indeed this company, and it has been paid attention to this matter and is being investigated and verified, but the word "Kobe" did not indicate violations when registered.

Another lawyer interviewed by the media said, "If the act is not authorized by Kobe or his heirs, it may constitute infringement." ”

"Kobe Liquor, Kobe Sauce Wine", purely touching porcelain or has a law to follow?

First of all, the Chinese translation of a foreign star has a certain reputation in China and is known to the public, and the public uses the specific name to refer to the star, which means that the name has established a correspondence with the star, and its Chinese translation can be protected in accordance with the provisions of the name right.

Secondly, the death of a celebrity does not mean that his name right disappears, and the property attribute of his name right should still be protected, especially for football stars with high commercial value, and the registration of his name should be authorized by his heirs, otherwise it is suspected of infringement.

Regarding this matter, an industry veteran interviewed bluntly said "It's not strange". In the brutal competition, there will always be some people who pin their hopes on "going off the rails", or they don't even think about getting involved, they just want to make a profit. "Right and wrong" can only be handed over to the relevant departments, and "good and bad" can only be handed over to the test of time.

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