Clothing company loses infringement case, Yang Zi applies for enforcement

[2] Compiled from: Red Star News, Jimu News
 
[3] On May 6, Shanghai Youshi Clothing Co., Ltd. added an enforcement information, with an execution target of 250,000 yuan, related to the case of Yang Zi vs. Shanghai Youshi Clothing Co., Ltd. for online infringement liability.

 
 

Case review
[4] According to the first-instance civil judgment of the online infringement liability dispute between Yang Zi and Shanghai Youshi Clothing Co., Ltd., plaintiff Yang Zi alleged that after the endorsement contract (from November 26, 2016, to November 26, 2018) with the defendant's "Puella" brand expired, the defendant continued to use her portrait images for advertising without authorization for up to two years, and still promoted her as the product's spokesperson extensively.

 
 

[5] The court ruled that Shanghai Youshi Clothing Co., Ltd. must delete the plaintiff Yang Zi's portraits from its stores; publish an apology statement to apologize to plaintiff Yang Zi; and compensate plaintiff Yang Zi for economic losses of 250,000 yuan.
 
 
《 [1] The People's Republic of China Civil Procedure Law
Article 236
If a party refuses to comply with a legally effective civil judgment or ruling, the other party may apply to the people's court for enforcement, or the trial judge may refer the matter to the enforcement officer for execution.
 
[1] The author's perspective
[6] This case is another celebrity portrait infringement case. Such companies that disregard contract terms and brazenly use celebrity portraits for a long time should indeed pay the price. More ridiculously, this company not only failed to recognize its mistake but also did not voluntarily comply with the judgment after the ruling. It shows no respect for laws, regulations, or judicial decisions.
 
Thus, it is evident that in practice, when signing contracts, one must pay close attention to the rights, obligations, and time limits of all parties. Especially now that celebrities are increasingly valuing their right to肖像, any abuse can easily lead to disputes and conflicts, resulting not only in financial losses but also potentially damaging corporate reputation.