Yi yangqianxi and zhongshan city caiyi clothing limited company, zhengzhou city weishi trading limited company personality right dispute civil second trial will be held on november 4, 2021, case number (2021) yue20min final 8335, the court for guangdong province zhongshan city intermediate people's court.
It is worth mentioning that, according to the relevant case execution ruling, Easy had applied to the court in February this year to the Zhongshan City Caiyi Garment Co., Zhengzhou City, Weishi Trade Co., Ltd. value of 1,605,000 yuan of property to take measures to protect, the court of the applicant's application to be permitted.
The case of the first instanceEasy, Zhongshan city colorful clothing limited company (hereinafter referred to as "colorful"), Zhengzhou City, Weishi trade limited company (hereinafter referred to as "Weishi company") general personality rights dispute implementation implementation class Executive ruling is made public. The ruling shows, because the respondent (colorful Yi company, Wei Shi company) infringement of personality rights, applicant Yi Yi on February 20, 2021 to the second people's court of zhongshan city, the two respondents 1.650 million yuan of property to take preservation measures.
Zhongshan City, the Second People's Court after examination that the applicant's application in accordance with the provisions of the law, in order to prevent the respondents due to the transfer of property resulting in the effective judgment is difficult to fulfill, the applicant's application is granted, on the respondents to carry out the value of 1,600,500,000 yuan of property to take measures of preservation, preservation of the period of time, respectively, for the freezing of bank deposits and other Funds for a period of one year, seizure, seizure of movable property for a period of two years, seizure of real estate, freezing other property rights for a period of three years.
What information is of interest in the case?January 27, 2021, YiYangQianXi studio had published a "lawyer statement" on this matter. In the statement, the Beijing Xingquan Law Firm said that Caiyi Company had used the portrait and signature of YiYang Qianxi in a prominent position at a brand release site.
And Weishi, as a sales subject, sold a large number of allegedly infringing goods produced by Caiyi in the stores it operated, and used several large posters containing the name of YiYi QianXi's portrait outside its business premises for advertisement and promotion, and even set up a huge billboard with YiYi QianXi's portrait as the main content on the outer wall of a shopping mall in the center of a city.
Colorful Company and Weishi Company's behavior is suspected of seriously infringing on YiYang QianXi's portrait right and name right. The Law Firm has found that the alleged infringement has not completely stopped to date, even after repeated formal warnings to the relevant subjects involved in the case.
The Law Firm has completed its forensic investigation of the alleged infringement and has filed a lawsuit against the subject of the alleged infringement to the court.
In this regard, the fans of YiYiChixi have said, "support the right to defend", "unscrupulous merchants must be pursued", "probably be pua too long, this sued I actually think there is a hint of handsome ".
"Caiyi company" and "Weishi company"Tianyecha App shows that Caiyi company was founded in June 2004, the registered capital of 5 million yuan,? The legal representative is Chen Deqiang, business scope includes processing, sales: clothing, knitted clothing. Two ? natural person shareholders Chen Deqiang and Lin Yingyi hold 90% and 10% respectively. In April 2018, the company was confiscated 130 yuan of illegal income and fined 770 yuan by the Dongfeng Branch of Zhongshan Administration for Industry and Commerce for selling substandard underwear.
Outside of Caiyi, Chen Deqiang also served in 10 other companies, eight of which are still in business or surviving, with registered capitals ranging from 500,000 yuan to 358 million yuan, in areas including investment management, apparel, medical equipment and property management.
Weishi company was founded in December 2002, the registered capital of 1 million yuan, the legal representative of the line Shiwei , the business scope includes the sale of textiles, construction materials, steel and so on. Two natural person shareholders line Shiwei and Lu Yanfen 51%, 49% respectively.
Up to now, the line Shiwei in the state of existence of the four companies, the four companies registered capital in the 100,000 yuan to 50 million yuan ranging from the field of trade, biotechnology and other areas. In fact, in addition to these two companies, in the above statement, there is a company called blooming yan biotechnology limited (hereinafter referred to as "blooming yan company") is also accused of unauthorized use of the name of yi yang chixi portrait fraudulent publicity suspected of violating the law.