Bruce Lee's daughter files lawsuit; Kungfu Fast Food has revised its logo.

[2] Compiled from: The Paper, China News Network
 
Case review
Bruce Lee's daughter is the legal representative of Bruce Lee Enterprises, LLC. According to previous reports, because Kungfu Catering had used an icon resembling Bruce Lee's image for 15 years, at the end of 2019, Bruce Lee Enterprises filed a lawsuit, demanding that Kungfu immediately stop using Bruce Lee's image, clarify in media pages for 90 consecutive days that it has no connection with Bruce Lee, and requesting the court to order Kungfu to compensate 210 million yuan for economic losses, as well as 88,000 yuan for reasonable expenses incurred in protecting its rights. On December 26, 2019, the Shanghai No. 2 Intermediate People's Court formally accepted the case.

 

At that time, Kungfu Catering Management Co., Ltd. responded: “The Kungfu series of trademarks were applied for by the company and authorized by the National Trademark Office after strict examination. They have been in use for 15 years. Whether the trademarks constitute infringement was disputed years ago, but there has never been any administrative or judicial conclusion determining that the trademarks are infringing or should be revoked. We are actively studying the case and preparing our defense.”
 
At 9 a.m. yesterday, the case of Bruce Lee Enterprises, LLC v. Shanghai Zhen Gong Fu Fast Food Management Co., Ltd., Guangzhou Zhen Gong Fu Catering Management Co., Ltd., and Guangzhou Zhen Gong Fu Fast Food Chain Management Co., Ltd. was heard by the Shanghai No. 2 Intermediate People's Court. The cause of action was 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 image icons used on the official WeChat public account and official Weibo of Zhen Gong Fu Catering have been changed. They are no longer the image that closely resembled Bruce Lee, and the movements have also changed somewhat.

 

 
The 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.