The "Yao Ming Generation" Infringement Case Was Sentenced To Pay 1 Million Yuan.

Yao Ming Wu

The case of cloud crane and shark sporting goods Co., Ltd. (Wuhan Yunhe company) infringes on its human rights and unfair competition disputes.

Yesterday morning, the second instance of the case was pronounced in the higher people's Court of Hubei province. The economic losses of Yao Ming, including Wuhan's Yunhe compensation company, including the reasonable cost of safeguarding rights, were 1 million yuan, and the rest were upheld in the first instance.

It is reported that this is Yao Ming's first lawsuit against sporting goods dealers in China. Yesterday, Yao Ming himself did not appear in court.

Yao Ming can not be accused.

When basketball giant Yao Ming is in the ascendant, there are many enterprises close to Yao Ming. In the market there are basketball, sports shoes and other products that are marked with "Yao Ming", "Yao Ming generation", "Yao Ming family", "Yao Ming -OBC", "Yao Ming family", "Yao Ming Zhengda" and "justice".

In May last year, Yao Ming prosecuted the Wuhan Yunhe company, which produced and sold the "Yao Ming generation", to claim compensation of 10 million yuan in the Wuhan intermediate people's court.

Yao Ming agent said, Wuhan cloud crane company without Yao Ming permission, arbitrarily signed Yao Ming's signature and Yao Ming's name "Yao Ming generation" as a commercial logo in the production of clothing,

It is used in commodities and sold throughout the country in exclusive stores.

In addition, Wuhan Yunhe company also used Yao Ming's portrait in its commodities and publicity activities.

After the first instance of the Wuhan Municipal Intermediate People's court, it was considered that the behavior of Wuhan Yunhe company constituted a violation of Yao Ming's right of name and right of portrait, and constituted unfair competition. Then a decision was made: Wuhan Yunhe company immediately stopped the unfair competition activities against Yao Ming and stopped the infringement of Yao Ming's right of name and portrait, compensated Yao Ming's economic loss 300 thousand yuan, and publicly apologized in many media.

Too little compensation Yao Ming appeals

Although he won the lawsuit, Yao Ming thought that a fine of 300 thousand yuan was not effective enough to punish him. He appealed to the higher people's Court of Hubei province.

In his appeal, Yao Ming said that

Decorated with the producers and sellers, Wuhan Yunhe company has been using Yao Ming's name and portrait for more than 2 years since its operation in 2009, but it has never paid any fees. According to the cost of endorsement made by Yao Ming to sports apparel enterprises, the loss caused by Yunhe company in Wuhan is 90 million yuan. According to Yao Ming's endorsement fee in China, the compensation should be 10 million yuan.

Final judgment, tort company compensate 1 million

In May this year, the case was heard in the second instance of the higher people's Court of Hubei province. The focus is whether the amount of the first instance is reasonable.

The collegiate bench found that the trademark rights of Wuhan Yunhe company's "Yao Ming generation" originated from the Yao Ming enterprise Limited by Share Ltd in Hongkong, but the trademark has not been approved by the State Administration for Industry and commerce.

The collegiate bench held that Yao Ming did not provide the basis for the direct loss caused by the infringement of the infringements and its calculation method. His claim was not supported by the legal basis of his actual loss according to the endorsement fee. However, Yao Ming believed that the original judgment amount was too low to make up for the damage caused by the infringement. The combination of the sales volume of Yunhe in Wuhan (from 2009 to July 2011, a total of 6 million 280 thousand yuan) and tax revenue, and the compensation for the loss of Yao Ming were 1 million yuan.