Who Is The Copyright Owner Of The Dream Home Textile?

Hunan

Limited by Share Ltd (hereinafter referred to as "Meng Jie home textile") high-end

The brand of "insomnia" has been used for many years, but recently it has been caught in trademark disputes.

Designer Chen Shunze said that in 2002, he was entrusted by Jiang Tianwu, chairman of Meng Jie home textiles, and designed a graphic trademark for "sleeping" brand.

Over the next ten years, Chen Shunze repeatedly asked Jiang Tianwu for information.

Fei, however, has been repeatedly evasive and has not yet been able to receive design rewards.

In desperation, Chen Shunze filed a lawsuit against Meng Jie home textiles and claimed 7 million 900 thousand yuan.

In April of this year, the intermediate people's Court of Changsha had filed the case.

Meng Jie home textile side said that Chen Shunze was not a trademark designer, but Li Jun, the director, said only that he was "in the process of litigation" and did not disclose any other information.

50 thousand yuan design fee 10 years unpaid?

The trademark of "sleeping" is a woman's head looking at him, logo. Chen Shunze told reporters that the inspiration of his works was from the famous Russian painting "the unknown girl". At that time, he also participated in the creation of his works, including his mentor and a friend. The three men worked overtime all night to finish the design.

"At that time or in 2002, Meng Jie home textile launched a sleeping brand, opened a display cabinet in Changsha Ping Hun hall, and Jiang Tianwu told me that things were not ready to sell, so let me have a look."

Chen Shunze told reporters that he was still an art editor and photographer of a certain unit. After visiting the display cabinet, he found that the identification of "insomnia" was not enough. "After looking for a long time, I didn't see the showcase, and finally asked the staff."

According to Chen Shunze, Jiang Tianwu was commissioned by Chen Shunze to design the logo of the "sleeping brand" on the same night, and changed the design of the handbag packaging scheme. "Second days later, I gave him (Jiang Tianwu) to see that he recognized the matter very much."

Chen Shunze said.

The design results came out, but Chen Shunze's design fee was delayed.

Chen Shunze told reporters, later, Jiang Tianwu asked the amount of design fees, his own price is 50 thousand yuan, "he (Jiang Tianwu) said that you get out one night, how to 50 thousand yuan, twenty thousand yuan even if, I said no, this is the company's business, not a private matter."

After that, Chen Shunze began a long way to make money.

Chen Shunze said that in the face of the urge to pay money, Jiang Tianwu repeatedly postponed hip-hop, while the other "sleeping" brand related person Tu Yunhua sent Chen Shunze on the grounds of "payment already". "But I asked her how much money she gave (Tu Yunhua), and she couldn't answer it."

Meng Jie home textile related information shows that Tu Yunhua is currently the director of Meng Jie home textile and the general manager of Hunan Mei home Technology Co., Ltd.

More than ten years failed to get back the design fee of 50 thousand yuan. Chen Shunze said, "this is very boring."

Manager: in the proceedings.

Meng Jie home textile does not recognize that the logo is designed by Chen Shunze. It is reported that Tu Yun Hua once said in an interview that the brand logo of "sleeping" is not designed by Chen Shunze, but is designed by another Mr. Guo, who has a cooperative relationship with the company, and the related design fees have also been paid.

Tu Yunhua did not remember how much the cost was.

According to this statement, Chen Shunze said that Tu Yunhua had admitted on the phone that it was a trademark designed by Chen Shunze, but "paid".

On the afternoon of May 28th, the reporter contacted Meng Jie by telephone.

Secretaries office, a Wu surname staff told reporters that at present is taking relevant legal procedures, inconvenient to reply, "I am not sure what is specific. If we go through the legal process, our company lawyers should follow up, other specific circumstances I do not know, I can not answer you."

The reporter tried to contact Li Jun, a manager of Meng Jie home textiles, but his phone has been in the state of no answer. After sending a short message to explain the interview intention, the reporter replied to Li Jun's short message that he was away from business and contacted tomorrow.

From May 29th to May 31st, the reporters made many calls to Li Jun, but they were hung up after a brief call.

The key to the case is whether there is a definite agreement between the two sides on the ownership of the "sleeping" copyright. "Disputes often arise when there is no agreement between the two parties.

The copyright law of China stipulates that if the design works are not agreed upon by both parties, the person whose copyright belongs to the actual completion of the creation shall belong to the trustee rather than the trustor. "

Liu Kai suggested that the wisest way in practice is to define the ownership of any works through the agreement between the two parties.