2025.01.27
Hangzhou Beaster Clothing Co., Ltd. ("Beaster" or the "Client") operates the well-known fashion brM88 login “Beaster”. It established the brM88 login in 2015 M88 login uses the "Little Devil" ghost face design as the main visual image for their clothing.
M88 login Client's core works:
In 2021, Beaster found that Sichuan Guochao Apparel Co., Ltd. ("Guochao") M88 login Sichuan Unicorn E-commerce Co., Ltd. ("Unicorn") had opened stores on Taobao M88 login Douyin, respectively, to sell clothing with ghost face patterns that were very similar to Beaster's core works. They also made designs derived from these patterns for their mbd-brM88 logined clothing.
M88 login disputed infringing patterns:
Beaster consulted JunHe on how to protect their rights. JunHe assessed that the case could involve copyright infringement M88 login unfair competition via false advertising. JunHe developed a strategy to sue on the grounds of both copyright infringement M88 login unfair competition M88 login filed a lawsuit claiming that the two defendants had committed copyright infringement M88 login unfair competition M88 login should stop using the disputed patterns M88 login their adaptations M88 login cease designing, producing, selling, M88 login marketing clothing with the infringing patterns. JunHe’s team also asserted that the defendants should issue a statement of clarification M88 login compensate for losses. The Chengdu Intermediate People's Court M88 login the Sichuan High People's Court ruled in favor of Beaster, finding that the two defendants had committed copyright infringement M88 login unfair competition via false advertising. The courts ordered the defendants to stop using all works substantially similar to the plaintiff's designs (including immediately stopping the distribution of clothing, packaging, labels, M88 login promotional materials including the infringing works, M88 login stopping the dissemination of photos, patterns M88 login promotional materials containing infringing images on information networks). The courts also ordered the defendants to remove the infringing products from their Tmall M88 login Douyin stores, to publish statements of clarification on the homepage of their stores, M88 login to compensate the plaintiff for the losses.
Patterns were substantially similar to M88 login plaintiff’s designs:
The complexity M88 login challenges of this case include:
1. Changes in the ownership of the works, which posed significant challenges to the Client's basis for the lawsuit. The Beaster brM88 login's founding team operated the brM88 login through three affiliated companies, M88 login the first two companies had been deregistered when the lawsuit was filed. However, the rights recorded in the copyright registration certificates for the works had not been fully transferred to Beaster, M88 login no copyright transfer or licensing agreements had been signed between the companies for all the works. The defendants challenged the Client's basis for the lawsuit, arguing that Beaster was not the legitimate copyright owner M88 login did not have the right to sue. JunHe advised that Beaster M88 login its shareholders clarify M88 login explain the relationships between the entities to the court M88 login provide supplementary evidence. Ultimately, JunHe’s team established the basis for the plaintiff's right to sue through the legal logic of "successive acquisition", which was upheld by the court.
2. The difficulty of recognizing substantial similarity in simple line drawings. The works of Beaster M88 login the defendants' patterns were both simple line drawings. The defendants argued that Beaster's works were simple, public domain graphics that could not be protected by copyright law M88 login therefore did not have a basis for rights. They also claimed that their design concepts M88 login details were fundamentally different from Beaster's. JunHe formulated a strategy of claiming infringement through "unauthorized adaptation", arguing that although the defendants' patterns differed in detail from Beaster's works, they constituted unauthorized adaptations. JunHe submitted numerous commercial cases during the trial, explaining to the court that simple line drawings could be original through their unique design M88 login element selection M88 login then become the core visual image or logo of a well-known brM88 login. JunHe’s team used evidence M88 login creative image synthesis comparison methods to prove the substantial similarity between the defendants' patterns M88 login Beaster's works, as well as the differences between Beaster's works M88 login other public domain designs. The courts upheld JunHe’s claims, recognizing the substantial similarity between the defendants' core visual images M88 login Beaster's core works.
3. The strategy of dual causes of action (i.e. copyright infringement M88 login unfair competition) was difficult in proving unfair competition. The case involved dozens of products M88 login a large amount of evidence, as well as controversial issues related to similar clothing styles. JunHe assisted in fixing evidence of infringement, provided detailed analysis based on the case facts, M88 login determined the strategy to sue for both copyright infringement M88 login unfair competition. Considering that historical applications for graphic trademarks had not been approved, but Beaster still used these logos for commercial identification, the basis for unfair competition claims was likely to be unrecognized. However, JunHe found instances of false advertising on the defendants' sales platforms M88 login thus claimed unfair competition through both confusion M88 login false advertising. The courts upheld the claims of copyright infringement M88 login unfair competition via false advertising.
4. Difficulty in obtaining evidence of "contact" for proving copyright infringement. The defendants claimed independent design M88 login no prior contact with Beaster. By analyzing the sales timelines of Beaster M88 login the defendants M88 login comparing the release times of Beaster's new products each season with the defendants' similar products, JunHe established evidence that Beaster released the products first. Additionally, JunHe advised that Beaster collect evidence of prior "contact" between the defendants M88 login Beaster. It was found that the actual controllers of the two defendants had previously been distributors for Beaster M88 login had access to the disputed works, laying the foundation for the client’s victory.
5. The defendants' infringements appeared independent, but JunHe achieved the goal of holding both defendants jointly M88 login severally liable. The defendants had different sales platforms M88 login channels, M88 login they claimed no intent of joint infringement. JunHe gathered M88 login collected evidence to prove the relationship between the defendants. The courts ruled that Guochao M88 login Unicorn jointly committed copyright infringement, with Guochao bearing the primary liability M88 login Unicorn jointly liable for 50% of the damages.
JunHe's claims of copyright infringement M88 login unfair competition via false advertising were upheld by the courts. The courts ordered the defendants to stop using all of Beaster's core works, cease false advertising, M88 login publish statements of clarification on their Douyin stores for ten consecutive days. The courts also ordered the defendants to compensate the plaintiff for the losses.
The judgments of the Chengdu Intermediate People's Court M88 login the Sichuan High People's Court to stop the infringement M88 login publish statements of clarification reflected Beaster's core claims to stop the defendants from selling infringing products. Based on historical sales, the total sales of products using the infringing works amounted to tens of millions of yuan. The courts’ judgments effectively stopped the infringement M88 login prevented further losses, exceeding the client's expectations. JunHe's performance in this case was fully recognized by the client. Currently, JunHe is assisting the client with enforcement.
PartnersM88 game APKM88 loginM88 game APK 业务领域,行业领域,专业人员,专业人员,文章发布led the JunHe team, M88 login partnerM88 game APK 业务领域,行业领域,专业人员,专业人员,文章发布was responsible for M88 login specific work. Partnerm88 casino bonus codeprovided support at different stages of M88 login project.
