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"Jay Chou" is an Internet celebrity, and this company's products did not invite Jay Chou to endorse, but invited this Internet celebrity, and their company's behavior is also legal.
And the company's staff also said that the Internet celebrity "Zhou Kou Jay" is also a good person and has never sought improper benefits, but their company has not advertised the product, so has this company done anything else?
So, the Nandu reporter verified the company, but the other party's response made the Nandu reporter unexpected.
1. The company used Jay Chou's image and CCTV advertisements without authorization.
After verifying the company, the reporter from Nandu got the reply that the company's products did not invite Jay Chou to endorse, but the company did not use Jay Chou's image for advertising.
The reporter from Nandu was very puzzled by this statement of this company, so he took a look at the packaging of the product through the official public account of Liangying brand iced black tea, but found that there was a big problem with the company's answer.
The product packaging of Liangying brand iced black tea clearly uses the image of Jay Chou, and it is also marked with "CCTV advertising brand".
So what is the matter with this company clearly indicating on the product packaging that it is using the CCTV advertising brand?
The reporter from Nandu asked the company for verification, but the staff of the company never responded.
Another of the company's products has also been involved in trademark infringement cases.
After the reporter from Nandu verified the company many times, the other party replied that the spokesperson of Liangying brand iced black tea was not Jay Chou, but "Jay Zhoukou".
So did this company infringe on Jay Chou's trademark rights, and the company's products clearly indicate that they use the CCTV advertising brand, what is going on?
According to the provisions of the Trademark Law of the People's Republic of China, the exclusive right of the registrant of a trademark to use his trademark is protected by law, and no other person may use a trademark that is identical or similar to the registered trademark without the permission of the trademark registrant.
Moreover, according to Article 9 of the Trademark Law, a trademark registrant has the exclusive right to use its registered trademark, and no unauthorized person may use it, and the trademark registrant may file a lawsuit against others for infringement of its trademark right in accordance with the law.
So according to the provisions of the Trademark Law, does this company's products infringe on Jay Chou's trademark rights?
Jay Chou is a very famous singer, and his name is also a registered trademark, so does this company infringe on Jay Chou's trademark rights?
First of all, Jay Chou's name is a registered trademark, and Jay Chou's name also belongs to his name right, and the person who registers the trademark has the exclusive right to use his registered trademark, and others are not allowed to use it without the permission of the trademark registrant, otherwise it may infringe on the legitimate rights and interests of the trademark registrant.
According to the scope of goods and services in the first and sixth classes of the trademark registration of Jay Chou's name, Jay Chou's name can be used for the production and sale of beverages, so the company's products do infringe on Jay Chou's trademark rights.
So will this company be judged as unfair competition because it infringes Jay Chou's trademark rights?
According to Article 9 of the Anti-Unfair Competition Law, the use of another person's registered trademark as a trade name in the name of an enterprise may constitute an act of unfair competition.
In addition, if there is indeed unfair competition in the conduct of the operator, the industrial and commercial department will also investigate the unfair competition of the operator, and if there is indeed unfair competition in the behavior of the operator, it will also punish the operator, order him to make corrections, confiscate the illegal gains, and impose a fine.
Therefore, whether the company's conduct constitutes an act of unfair competition can only be determined after the investigation by the industrial and commercial department.
2. Trademark rights and acts of unfair competition shall be supervised.
So is there anything else wrong with this company?
This company clearly marked on the product packaging that it was using the CCTV advertising brand, so is this false propaganda and misleading consumers?
According to Article 23 of the Anti-Unfair Competition Law, the use of false advertisements by business operators to deceive and mislead consumers may constitute acts of unfair competition and damage the legitimate rights and interests of other business operators.
According to Article 28 of the Advertising Law, false content shall not appear in the advertisement, and consumers shall not be deceived or misled, otherwise the advertiser will be punished.
The company's product packaging indicates that it uses the CCTV advertising brand, but CCTV has not used this company's products when advertising, and the company's products also use Jay Chou's image, so is there any false publicity in this company's advertising?
The reporter consulted the lawyer's opinion, and the lawyer said that the company's products use the CCTV advertising brand, but CCTV did not advertise the company's products, so the company's product advertising has false publicity, and this practice will also have a negative impact on CCTV, and may also damage the reputation of CCTV.
Therefore, the company's behavior is indeed false publicity, which will also damage the reputation of CCTV, so the company should bear the corresponding legal responsibility.
And this company's product packaging still uses the image of Jay Chou, will there be infringement in this?
According to the lawyer's opinion, the company's product packaging uses Jay Chou's image, and if the company uses his image as the advertising packaging of the product without Jay Chou's permission, then the company will infringe Jay Chou's portrait rights, and such behavior will also pay civil compensation to Jay Chou.
Therefore, the company's product packaging uses Jay Chou's image, and if the company uses his image as the advertising packaging of the product without Jay Chou's permission, then the company will infringe Jay Chou's portrait rights, and such behavior will also pay civil compensation to Jay Chou.
epilogue
So will this company be judged as unfair competition because of infringement?
Are there any other problems with this company?
Is this company's product packaging using CCTV advertising or not using CCTV advertising, and how does CCTV respond?
Are there any other problems with this company?
Should this company's Internet celebrity "Zhou Kou Jay" conduct a more careful review of the endorsed products to avoid damaging its own image and reputation and bringing unnecessary trouble?
When purchasing products, consumers should also remain vigilant and not be affected by false advertising, and at the same time improve their right to know and protect their rights.