Vi Ya improperly used "Yuan Longping" in sales, "Yuan Mi" ruled as unfair competition

[2] Compiled from: Hunan High Court, Xiaoxiang Morning News
 
[3] In the livestream room of former internet celebrity ViYa, a rice product named "YuanMi" appeared. To better sell the product, the host repeatedly used the name and portrait of Academician Yuan Longping.

 
 

[4] So, is "YuanMi" actually related to Yuan Longping?
 
Case review
[5] To regulate the commercial use of Academician Yuan Longping's name and portrait rights, before his death, Yuan Longping signed the "Yuan Longping Brand Rights Licensing Agreement" with Longping High-Tech, obtaining the exclusive commercial rights to use his name and portrait in business activities.
 
On April 20, 2020, Longping High-Tech discovered that an agricultural company, Qianxun (Hangzhou) Cultural Media Co., Ltd., Huang Wei (online alias "ViYa"), and Taobao were suspected of infringing on Yuan Longping's right to name and portrait. They then applied to the Changsha Notary Public Office for notarization and evidence preservation, securing evidence from the agricultural company's WeChat public account, company website, and Taobao store.
 
On April 23, 2020, Longping High-Tech issued a "Warning Letter" to the agricultural company, demanding that it "immediately cease selling counterfeit 'Yuan Longping' rice and other infringing goods online and through other channels, remove relevant web pages; and without legal authorization, prohibit the use of Yuan Longping's name, portrait, and trademarks for commercial promotion, or associating him with promoted products." On the same day, Longping High-Tech also issued a "Warning Letter" to Qianxun (Hangzhou) Cultural Media Co., Ltd., resulting in the suspension of live-stream sales of the agricultural company's products.
 
As the agricultural company continued to use Yuan Longping's name and portrait in articles on its WeChat public account and website, Longping High-Tech filed a lawsuit.
 
The court of first instance held that the agricultural company's commercial use infringed on Longping High-Tech's exclusive commercial licensing rights to Yuan Longping's name and portrait, violated the principle of good faith and recognized commercial ethics, and was likely to cause consumer confusion and misidentification, increasing the risk of mistaken purchases. This constituted unfair competition under Article 2 and Item 4 of Article 6 of the Anti-Unfair Competition Law. The court ordered the agricultural company to immediately cease the unfair competitive use of Yuan Longping's name and portrait and pay Longping High-Tech 100,000 yuan in economic damages.

 

After the first-instance verdict, both parties appealed. On March 11, the Hunan Higher People's Court, as the court of second instance, ruled to dismiss the appeals and uphold the original judgment.
 
 
Anti-Unfair Competition Law
Article 2
Business operators shall, in their production and business activities, follow the principles of voluntariness, equality, fairness, and good faith, and comply with laws and business ethics. Unfair competition acts as referred to in this Law refer to acts that violate the provisions of this Law, disrupt market competition order, and harm the lawful rights and interests of other business operators or consumers. Business operators as referred to in this Law refer to natural persons, legal persons, and unincorporated organizations engaged in the production or sale of goods or the provision of services (hereinafter goods include services).
 
Article 6
Business operators shall not engage in the following confusing acts that mislead others into believing that their goods are those of others or that there is a specific connection with others:
……
(4) Other confusing acts sufficient to mislead others into believing that the goods are those of others or that there is a specific connection with others.

 
 

 
[1] The author's perspective
In China, Academician Yuan Longping is known as the "Father of Hybrid Rice," and his related research achievements have made significant contributions to humanity. The name and portrait of Academician Yuan Longping have long been deeply rooted in people's hearts and are highly renowned. Although he is no longer with us, our respect and admiration for him remain in our hearts. When his name and portrait are used for commercial purposes, it not only involves the personal interests of Academician Yuan Longping but also concerns social public interests and related commercial interests. Therefore, all types of social entities should use them prudently and in a standardized manner.
 
In this case, an agricultural company used the name and portrait of Yuan Longping in articles promoting its products, such as seawater rice, without permission and without being able to provide evidence. This behavior clearly reflects a speculative mindset, aiming to leverage the fame of Academician Yuan Longping and the commercial value behind his name and portrait to enhance the influence and publicity of its own goods and brand, demonstrating subjective intent. Such commercial use violates the principle of good faith, disrupts the order of market competition, and breaches recognized commercial ethics, and it will inevitably be subject to legal sanctions.