Bruce Lee's daughter files lawsuit, Real Kung Fu logo has been rectified

[2] Compiled from: The Paper, China News Network
 
Case review
[3] Bruce Lee's daughter is the legal representative of Bruce Lee Enterprises, LLC. According to previous reports, due to the use of a Bruce Lee-like image icon by Real Kung Fu restaurant for 15 years, Bruce Lee's company filed a lawsuit at the end of 2019, demanding that Real Kung Fu immediately stop using the Bruce Lee image, publicly clarify on media platforms for 90 consecutive days that it has no connection with Bruce Lee, and requested the court to order Real Kung Fu to pay economic damages of 210 million yuan and reasonable legal costs of 88,000 yuan. On December 26, 2019, the Shanghai No. 2 Intermediate People's Court formally accepted the case.

 

[4] At that time, Real Kung Fu Catering Management Co., Ltd. responded: "The Real Kung Fu series of trademarks were applied for by the company and authorized after strict review by the National Trademark Office. They have been in use for 15 years. Whether the trademark infringes has been disputed years ago, but there has been no administrative or judicial conclusion that the trademark constitutes infringement or should be revoked. We are currently actively studying the case and preparing to respond to the lawsuit."
 
[5] At 9 a.m. yesterday, the case of Bruce Lee Enterprises, LLC v. Shanghai Real Kung Fu Fast Food Management Co., Ltd., Guangzhou Real Kung Fu Catering Management Co., Ltd., and Guangzhou Real Kung Fu Fast Food Chain Management Co., Ltd. was heard in the Shanghai No. 2 Intermediate People's Court, with the cause of action being a general personality rights dispute.

[6] It is reported that the trial that day was only part of the entire hearing process. The case is still under further trial, and specific details await disclosure by the court.
 
Currently, the logo icon used on the official WeChat public account and official Weibo of Zhen Gongfu Catering has been changed. It is no longer the image that closely resembled Bruce Lee, and the pose has also been altered.

 

 
《 Civil Code 》
Article 1018
A natural person enjoys the right to likeness and has the right to legally make, use, disclose, or permit others to use his or her own likeness.
Likeness refers to the identifiable external image of a specific natural person reflected on a certain medium through images, sculptures, paintings, or other means.
 
Article 1019
No organization or individual may infringe upon another person’s right to portrait by means of vilification, defacement, or falsification through information technology. Without the consent of the portrait right holder, no one may produce, use, or publicly disclose the portrait of the right holder, unless otherwise provided by law.
Without the consent of the portrait right holder, the owner of the portrait work may not use or publicly disclose the portrait of the right holder by means of publication, reproduction, distribution, rental, exhibition, or other means.

 
 

 
[1] The author's perspective
The content of the right to portrait includes the rights to possess, produce, and use the portrait. The portrait right holder has exclusive rights over their own portrait and may freely dispose of their portrait rights, as well as the right to prohibit others from unauthorized use.
 
Therefore, authorization for the use of a portrait must be granted by the individual themselves before it can be used for other purposes. Without the citizen’s permission, others may not possess or damage the citizen’s portrait, nor may they use the citizen’s portrait for profit-making purposes. If an entity like Zhen Gong Fu uses a citizen’s portrait for advertising or trademark purposes for profit without the citizen’s consent, it may be deemed an infringement of the citizen’s right to portrait.