Three Customers Buy Shoes To Be Candid And Advertise.
When Ms. Zhang and her friends bought leather shoes at the leather shoes shop, they were photographed by the shop assistant and photographed and made to the customers. They also advertise their products in the form of advertisements. The three women went to court on the grounds of infringing the right of portrait. Recently, the people's Court of Yindu District, Anyang City, Henan Province, made a judgment on the case according to law.
On the morning of November 2, 2006, Ms. Zhang of Anyang and her two friends came to a leather shoes store in Anyang to buy leather shoes. The shopkeeper saw that the three people had better image quality and promoted their products, so they ordered the salesmen to film the scenes of three people buying leather shoes. After the editing process, three people bought the scene photos of their shoes to be posted in the shop windows, and printed some promotional page titles to the customers. At the end of the year, three people bought the scene photos of leather shoes as the store's gifts.
More than three months later, when Ms. Zhang came to the shoe store to buy leather shoes again, she found that the customer was holding the old desk calendar for the new calendar of 2007, only to know that the shop used their portraits. So the three men sought the advice of the shoe store owner for consultation, and after many consultations failed, they took the store to court, demanding that the infringement be stopped and compensation for mental injury solatium 3000 yuan.
The court held that the defendant's leather shoes shop, which had not been approved by the three plaintiffs, had taken a portray of the plaintiff and carried out commercial application in the form of advertising, which constituted infringement of the plaintiff's portrait right. According to the law, the defendant decided to stop infringing on the three plaintiff's right of portrait and compensate the three plaintiffs for spiritual consolation of 1000 yuan each.
After the sentencing, both parties expressed compliance with the verdict and did not lodge an appeal.
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