Were the Golden Monkey Leather Shoes founded by six children? Is there a relationship between them?

No, it's a product endorsed by Liu Xiao.

Six-year-old children and "golden monkey" are in court.

The case involves many legal relations such as portrait right, trademark right, copyright, advertising contract and so on. The four kinds of legal relations are intertwined. In terms of portrait rights, it involves whether stills, makeup photos and clothing photos have portrait rights.

Many people may still remember the slogan "wear golden monkey shoes and take a gold belt". At the beginning of 2004, the lawsuit between the famous actor six-year-old children and Shandong Weihai Golden Monkey Group Co., Ltd. (hereinafter referred to as Golden Monkey Group) became lively on the occasion of the Lunar Year of the Monkey in China. The cause of the case was that the plaintiff's six-year-old boy thought that the Golden Monkey Group used its portrait registered trademark beyond the contract, which constituted an infringement of its portrait right and trademark right.

The Monkey King and Golden Monkey's "Honeymoon"

Golden Monkey Group is a famous leather shoes manufacturer. How did "Golden Monkey" shoes appear? 1995, the Golden Monkey Group, which has increasingly strong financial strength, invited a famous actor to play a six-year-old boy in the Monkey King, and advertised Golden Monkey leather shoes on CCTV, and the result was a blockbuster. At that time, the cooperation period agreed by both parties was five years, and the deadline was the end of 2002. During the cooperation, six-year-old children used their image of the Monkey King as the group's commodity packaging and advertising.

1999, Golden Monkey Leather Shoes was recognized as a well-known trademark in China. This brand has brought more development opportunities to Golden Monkey Group. Not only has the trademark "Golden Monkey" been registered within the business scope permitted by all national policies, but it has been registered internationally in six countries including Japan, South Korea, the United States and Cambodia since 1996, and similar trademarks such as Monkey King, Sun Zi, Monkey King and Sun Xing have been registered.

Six-year-old boy used his image of the Monkey King to package and advertise for Golden Monkey Group. But few people know that their contract ended in 2002. According to lawyer Yin, the legal adviser of six-year-old children, Golden Monkey Group signed an advertising contract with six-year-old children on 1995, and used its image of the Monkey King in The Journey to the West to shoot and produce two images of "Golden Monkey" for commodity promotion. Thereafter, both parties will renew the contract every two years or one year, and the contract will be terminated in July 2002.

Six-year-old children go to court to defend their rights.

Unexpectedly, the cooperation ended and the lawsuit came.

On September 19, 2003, when six-year-old children Benchang You, Klimu and others participated in the performance in Changzhi, Shanxi, they found that the golden monkey leather shoes here were still advertising with the six-year-old children's "Monkey King" costume image. Later, six-year-old children had negotiated with the Golden Monkey Group, but they did not attract the attention of the Golden Monkey Group and continued to use it.

On June 3, 2003, 165438+ Six-year-old children sued the Golden Monkey Group to the People's Court of Changzhi City, Shanxi Province. The reason for the prosecution is illegal use of the image of six-year-old children and the Monkey King, which infringes on the portrait right of six-year-old children and the trademark right of six-year-old children's cultural company. Changzhi Bayi Department Store Co., Ltd., which sells golden monkey shoes, was listed as the first defendant. Yin, who represents a six-year-old child, told reporters that this lawsuit is actually two cases. One is that six-year-old children sued Golden Monkey Group for protecting portrait rights, and the other is that Shanghai Six-year-old Children Cultural Industry Co., Ltd. sued Golden Monkey Group for protecting trademark rights. Six-year-old children asked the court to order the two defendants to immediately stop the infringement, publicly apologize and compensate the economic loss of 200,000 yuan, and the two defendants were jointly and severally liable for compensation.

According to the investigation of six-year-old children, golden monkey products in Changchun, Huludao and other places are still using the image of "Monkey King" for publicity.

In an interview with reporters, a six-year-old boy said that he cherished the image of "the Monkey King" very much, and some businessmen, including foreigners, came up with a huge sum of money to buy out his image of the Monkey King, but he refused. In order to protect the Monkey King's reputation, he established "Six-year-old Children's Culture and Art Company" in Shanghai. Six-year-old children are registered in the State Administration for Industry and Commerce 1995. Others are not allowed to use the image of the Monkey King at will, especially not to paste it on commodities.

The focus of the trial dispute:

Is the image of ancient costume equal to portrait?

June, 65438+February, 65438+9: 00 am June, 2003, a six-year-old child sued Changzhi Bayi Department Store and Golden Monkey Group for infringement of portrait rights, which was heard in Changzhi City Court. The focus of the dispute between the two sides in court is whether the image of clothing is equivalent to portrait.

In court, the plaintiff cited the evidence of infringement: 14 photo proves that Bayi Department Store used the Monkey King's clothing photos as counter decoration, and Golden Monkey Group used the Monkey King's clothing image on its shoe boxes, leather shoes vouchers and invoice credit cards. The six-year-old registered his personal trademark with his portrait.

The plaintiff's six-year-old child was not present, and his attorney claimed that Article 100 of China's General Principles of Civil Law stipulates that citizens have the right to portrait, and their portraits may not be used for profit without their consent. Without the consent of the six-year-old boy himself, the two defendants used the image of the Monkey King's clothing played in The Journey to the West on the "Golden Monkey" leather shoes they produced and sold as commodity packaging and advertising, infringing on his portrait rights.

The first defendant, Changzhi Bayi Department Store, entrusted a lawyer to argue: First of all, there is no provision in China's current laws and administrative regulations that sellers are obliged to examine whether the products produced by manufacturers and the right to use portraits for advertising and decoration are legal. The original "Golden Monkey" leather shoes were sold in Bayi Building as a commercial activity. As long as the manufacturer has a legal business license and the goods have a certificate, they can be sold. The plaintiff, six-year-old children, regarded Changzhi as the place where the portrait was "infringed" in the portrait infringement case, and there was no legal basis for listing Bayi Department Store as the defendant. Secondly, the plaintiff's role as the Monkey King's costume image cannot be equated with his own portrait. The costume photos are not portraits, and the window display did not infringe on the portrait rights of six-year-old children.

The attorney of the second defendant, Golden Monkey Group, insisted that the costume photos of the "Golden Monkey" used in its products, the monkey head and monkey face, could not be equal to the portrait of a six-year-old child himself, so the portrait infringement case proposed by the plaintiff could not be established at all. Six-year-olds have no right to claim the portrait right of the Monkey King's ancient costume photos. And the evidence submitted by six-year-old children can't prove that the costume photo is my portrait. According to the contract 1996, Golden Monkey Group is the copyright owner of photographic works, and the producer legally uses the clothing image without the consent of the plaintiff. The plaintiff's evidence can't prove the occurrence of infringement, which is not necessarily related to the application of law.

After the trial, the deputy general manager of Golden Monkey Group introduced that the Group signed an agreement with the plaintiff on 1995 to use the image of the Monkey King in The Journey to the West played by the plaintiff, and the plaintiff shot and produced two images of Golden Monkey for commodity promotion. Later, because of some labor agreement disputes, this portrait right infringement case was brought.

On the day of the trial, the court did not make a judgment. Yin, the attorney of six-year-old children, said in an interview on February 16, 2004 that the original and the defendant are currently negotiating a solution and trying to get a satisfactory result within this week. Perhaps negotiation is the best way to settle disputes.

Six-year-old children speak Monkey King;

People will know it's me when they see it.

Six-year-olds told reporters that the Monkey King's clothing image is the only artistic image registered and protected by the State Administration for Industry and Commerce. Although he has always had a good relationship with the Golden Monkey Group, he can't tolerate this kind of infringement by the Golden Monkey Group. Six-year-old children think that it is the best way to solve this problem through legal channels, and this matter will eventually be solved through law, but he also advocates "harmony is the most important."

For this lawsuit, six-year-old children talked to reporters about their own views: "This question is very simple, and there is a human image problem. What is this concept? It is the main part of this photo, such as the five senses. People will know me when they see me. This is a portrait. For example, I took out this photo of the Monkey King and asked 10, who is this person? People will definitely say that this is a six-year-old child. So this can be considered as a portrait, as simple as that. " Six-year-old children said that if the Golden Monkey Group won the dispute over portrait rights and trademark rights, he would donate part of the compensation expenses of the Golden Monkey Group to the China Children's Fund. In the Year of the Monkey, he has provided the artistic image of the Monkey King to the National Olympic Committee for free, hoping that the Monkey King can become the mascot of the 2008 Olympic Games.

Facts and evidence show that:

This case involves multiple legal relationships.

The first is the duration of the advertising contract between the two parties. The plaintiff claimed that the two parties signed four independent cooperation agreements in 1995, 1996, 1998 and 2000 respectively, and the last one was a preliminary agreement, which stipulated that the cooperation period was three years, but actually it was only performed for two years, that is, from July 1 2000 to 2000. The defendant Golden Monkey Group insisted that the contract period was from 65438+2000 1 October1day to 65438+February 3, 20031day, and the clothing photos were used within the contract period.

Secondly, the agreement on copyright in the contract is controversial. The defendant Golden Monkey Group stated in the contract that the plaintiff provided paid labor services for Golden Monkey Group and produced two negative advertisements, including a photo of costume, which was produced by Golden Monkey Group, so Golden Monkey Group owned the copyright of costume photos. The plaintiff pointed out that the copyright agreed in the contract refers to the copyright of the creative production of CCTV's "Golden Monkey Jumping over the Great Wall", not the negative of the costume photos.

The case of Shanghai Six-year-old Children's Culture Company v. Golden Monkey Group Protection Company's trademark right also involves the protection of the registered trademark of six-year-old children's portraits. From 65438 to 0995, six-year-old children registered their own portrait trademarks in the State Administration for Industry and Commerce, and others were not allowed to use the Monkey King's image at will, especially not to stick it on commodities. The Monkey King, a six-year-old child, is the only artistic image registered and protected by the State Administration for Industry and Commerce. Whether the clothing image of Golden Monkey Group infringes on portrait trademark, Changzhi Intermediate People's Court will hold a trial in the near future.

Finally, the right of portrait in this case. Legally speaking, portrait is the reappearance of citizens' external image. It is an objective and comprehensive expression of citizen's form and behavior. From the form of expression, portraits include pictures, photographs, videos, videos, sculptures and so on. From the position of performance, portraits should be dominated by faces. Portraits should reflect the true features of citizens, and artistic images created by people, such as Jigong and Nezha, are not portraits.

As for whether stills, makeup photos and costume photos have portrait rights, some people in the legal profession believe that this is not clear in law. The greater the makeup composition, the smaller the true expression of citizens' body and expression, which also affects the degree of infringement of portrait rights. As for whether a specific photo is infringing, it depends on the degree of artistic expression and the true facial features to make a concrete analysis and confirmation.