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    The Cat Is "Printed" On The Japanese Clothing. The Cat Owner Asks The Product To Get Off The Shelf.

    2014/2/23 7:57:00 17

    Pet CatClothingHat

    < p > < strong > pet cat has 300 thousand micro-blog fans < /strong > < /p >.


    < p > "melon skin" is a female cat, its owner "melon skin mother" opened a micro-blog for it, it is called "ID sauce of melon skin".

    Every day, the owner will upload the "melon skin" sprout or GIF motion picture.

    Because of its unique design and facial expression, since July 2010, micro-blog has already had more than 330 thousand fans.

    < /p >


    < p > 19, a fan told "melon skin Ma", from the Japanese brand tutuanna's WeChat public number to see: in February 19th -2 on 25, held the "popular forecast" voting activities, let netizens vote for 3 sets of household clothes, see which set of popularity is the highest.

    One of the "photo meow series of home clothes" printed seems to be "melon skin". The clothing has two colors, the jacket is 299 yuan, the shorts are 159 yuan, and the dress is 299 yuan.

    < /p >


    < p > "melon skin Ma" found that it is really "melon skin".

    "Gama Ma" deliberately turned the original picture to the reporter, which she personally photographed in September 2011, when the "melon skin" wore a bear made by a friend "a href=" http://www.91se91.com/ "target=" _blank > hat "/a".

    "Many netizens feel lovely, take this picture to make a head portrait."

    I didn't expect this picture to appear on tutuanna clothes now.

    On the same day, "melon skin Ma" sent the matter to micro-blog, and @tutuanna said, "do you ask me if you take the portrait of the skin of our house"? < /p >


    < p > < strong > cat owners only want to get the product off the shelf < /strong > /p >


    < p > according to the official website of tutuanna, tutuanna has more than 200 shops in Japan, which is mainly made up of socks and underwear, and its products are cute.

    In tutuanna2008, she entered China and set up Shang Tian (a href= "http://www.91se91.com/" target= "_blank" > dress < /a > commerce and Trade Co., Ltd., the Chinese name is "interesting and interesting Anna").

    Up to now, there are 9 shops in Shanghai, which are located in shopping malls such as Jiu Guang Department store, Mei Luo city, Zhengda Plaza, etc.

    < /p >


    < p > "melon skin Ma" said that he often patronized tutuanna, "is a well-known brand, it is difficult for me to understand such a thing."

    She said she did not want "skin" to take part in business activities.

    "Many people have asked me to take pictures of it, and I have not promised.

    Ceng Yi sold his things before, but all the money he received was donated.

    "Melon skin Mom" also said: "I do not need compensation, as long as their products do not sell on shelves."

    < /p >


    < p > < strong > merchants will destroy the original piece < /strong > /p >


    "P > 19" 20 ", 7 hours after" melon skin Ma "sent micro-blog, more than 50 thousand official tutuanna of micro-blog fans responded: we have been concerned about the image copyright issues of a blogger on Sina micro-blog.

    We immediately contacted the design companies of some commodities and were actively confirming the copyright status of the works.

    "Melon skin Ma" also said that 19 on the evening of 23 o'clock, someone has negotiated with her to deal with this matter.

    < /p >


    < p > the next day, the reporter went to Jiu Guang Department store and did not find anything related to the picture of "melon skin". The clerk confirmed that he had received the notice of the return of the company's shelves, so he did not sell it now.

    The reporter went to the tutuanna shop in Changning's Dragon dream shop. The salesperson also said that the new product should arrive, but the day before yesterday, he suddenly received an email notification. He asked for no deliveries, and all deliveries had been delivered. "All Shanghai can't buy it now."

    At the same time, at 20 o'clock on the evening of 20, tutuanna's WeChat voting ended, because of "commodity adjustment".

    < /p >


    "P > 21 days, 13 o'clock, tutuanna official micro-blog voice again," we have made contact with the ID paste of "melon peel" (the owner of the melon skin), and got the understanding of each other through friendly negotiation.

    Thank you very much for the fans who are interested in this matter, and ask the planning company to stop using the copyright content of the melon skin and destroy the original processing.

    We apologize for the impact of "melon skin Mom".

    < /p >


    < p > Why do we use the photos of "melon skin", "a href=" http://www.91se91.com/ "target=" _blank "designer" /a ", whether it is from Japan or how much has been sold? The staff said they were still under investigation and could not answer. Once progress is made, they will be released in official micro-blog.

    < /p >


    < p > < strong > [lawyer's viewpoint] < /strong > /p >


    < p > < strong > pets do not have the right to portrait. The owner has a photo copyright < /strong > < /p >.


    < p > whether there is any right to portrait the right owner of the "melon skin" owned by 300 thousand fans? Zhang Yong, a lawyer from Shanghai branch of Wei Heng law firm, said that the object of protecting the right of portrait is only human and animal portrait so far.

    "The fundamental reason is that people have specific appearance, identity information and so on, which are protective. Animals do not possess these characteristics, so it is very difficult to distinguish them from others.

    Of course, there are special cases when an animal is characterized by its obvious economic value.

    For example, the octopus Paul, a magical prophet in the world cup in South Africa, has a specific name and looks.

    If someone takes a picture of Paul, he can make a product, a registered trademark, etc.

    But there are few such cases in China.

    < /p >


    < p > "melon skin" has 300 thousand powder and is not considered a famous animal named Paul. Zhang Yong explains this way: "melon skin" itself does not have a high degree of recognition.

    It is because the owner, who is the photographer of the picture, has joined the artistic creation of dress collocation and viewfinder, which has made the photo attractive and unique.

    So the core is in the picture, not the animal itself.

    But the owner of the "melon skin" as a photographer enjoys the copyright of pictures.

    In Zhang Yong's lawyer's view, the business was handled in a timely manner.

    If the copyright owners of the picture encounter such problems, they can claim corresponding rights and interests to the merchants.

    If a business is a legitimate purchase of pictures from a picture supplier and pays the corresponding consideration, the merchant can make corresponding recovery to the picture supplier. "

    < /p >


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