Yao Ming Sued Wuhan For Yao Ming'S Generation Of Sports Shoes Infringement Compensation 1 Million

After the popularity of the "Yao Ming generation" brand sneakers in the market, Yao Ming infringed Yao Ming's right to name and portrait. Yao Ming sued his manufacturer and filed a claim for compensation of $10 million.

Yesterday, the provincial high court of second instance publicly sentenced, "Yao Ming generation" producers were sentenced to compensate Yao Ming 1 million yuan.

So far, the case of malicious tort that lasted for one and a half years ended on a full stop.

It is reported that this is Yao Ming's first lawsuit in China.

Yao Ming claim 10 million

In June 2009,

Cloud crane shark sporting goods Co., Ltd. (hereinafter referred to as cloud crane sports) was established, and was authorized by the Hongkong enterprise Yao Ming Limited by Share Ltd to use the "Yao Ming generation" trademark, and its business scope is sporting goods sales.

However, Yao Ming Limited by Share Ltd's application for registration in China has not yet been approved by the State Administration for Industry and commerce.

The "Yao Ming generation" brand.

After entering the market, Yao Ming's portrait and signature were used as background for advertising products. He also used Yao Ming to publicize his website and sold it in a nationwide store.

In March 2010, when Yao Ming was informed of the matter, he issued a statement through sina sports that he had never authorized any domestic or foreign company except the sponsor Reebok company.

Footwear enterprises or individuals use their names, portraits, signatures and other identities in sporting goods, casual clothes and other articles and other commodities, nor have they authorized any enterprise or individual to set up a company, sell goods or engage in franchise activities in the name of "Yao Ming".

Since then, Yunhe sports has not stopped producing and selling "Yao Ming generation" sporting goods.

In March 2011, Yao Ming sued Yunhe sports to Wuhan intermediate people's court, demanding compensation of 10 million yuan.

Final judgment commuted to 1 million

In December last year, the Wuhan intermediate people's court made a first instance decision. It found that Yunhe sports constituted unfair competition for Yao Ming, violated Yao Ming's right of portrait and name, ordered Yunhe sports to stop unfair competition against Yao Ming, stopped the violation of Yao Ming's portrait right and name right, made a statement in the newspaper, apologized to Yao Ming, and compensated the economic loss of 300 thousand yuan.

After the verdict of the first instance, Yao Ming thought that the amount of compensation was too low and appealed to the provincial superior court, and the claim was still 10 million yuan.

The second instance of the provincial high court held that Yao Ming enjoyed high popularity and good image in the world. "Yao Mingyi generation" made it clear that Yao Ming's name used his portrait to guide consumers to buy.

The behavior of Yunhe sports not only seriously damages the legitimate rights and interests of the obligee, but also seriously damages the legitimate rights and interests of consumers, and should be severely stopped.

When deciding compensation for economic losses, the first instance did not take full account of the nature, consequences, duration and other factors of Yunhe sports tort. After the announcement of Yao Ming's official statement in March 2010, the subjective fault degree of Yunhe sports continued to infringing and permissive infringement, and the compensation amount was set at 1 million yuan.

How is the 1 million yuan determined?

Yesterday, Liu Jianxin, deputy director of the intellectual property court of the provincial high court, said that for such infringement cases, there are generally 3 ways to determine the amount of compensation, based on the losses suffered by the parties and the profits of the infringers and the court's discretion.

As a public figure with a high commercial value and market appeal, Yao Ming proposed a compensation amount of 10 million yuan, based on the endorsement contract.

Liu Jianxin said that although the advertising endorsement fee is the source of income or even the main source of the celebrity's income for a certain period, it is not the only source, nor can it be directly used as a reference standard for calculating the actual loss due to the infringement of others.

However, there is no objective evidence to prove the profit of Yunhe sports.

Therefore, the collegiate bench took the discretion of the court to determine the amount of compensation.

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"According to the nature, consequences, duration and subjective fault of the sports infringement act of Yunhe, the collegial panel finally agreed that the compensation amount of 1 million yuan is more convincing than the law."

Liu Jianxin said.

Yao Ming agents "more positive results"

Last night, Yao Ming's attorney, lawyer Zhang Hong of Beijing Zheng Li law firm, said that for the final result, he called "more positive than the first instance". He believed that Yunhe sports would be executed according to the judgement soon.

Zhang Hong said, next he will have further communication with Yao Ming, others he is not very convenient to say more.

And Yunhe sports agent, Hubei Zhong three Law Firm lawyer Xu Jun said that after the sentencing, he communicated with Yunhe sports, but the other side had no specific opinions.