Gyms, educational institutions, as well as beauty and hairdressing establishments generally adopt the prepaid consumption model, under which consumers make a large lump-sum prepayment to offset their consumption expenses over the subsequent six months or one year. The aforesaid entities often use such sales gimmicks as "monthly cards are cheaper than per-visit cards" and "annual cards are cheaper than monthly cards" to induce consumers to recharge their prepaid accounts. After consumers complete the recharge, merchants frequently abscond before the prepaid funds or purchased courses are fully consumed. In recent years, cases involving the abscondence of the aforesaid merchants have been too numerous to enumerate, with countless victims who have no access to effective channels to safeguard their lawful rights and interests.
In today's commercial society, disputes over celebrities' portrait rights are common. In recent years, there have been frequent cases where a large number of enterprises are sued as defendants for using actors' portraits based on authorization granted by third-party companies in the name of film and television copyright holders. Recently, the People's Court of Wuqing District, Tianjin Municipality has concluded a portrait right dispute case involving a well-known actor A, Company B and Company C. Lawyers Wang De and Zhang Zhaotian of TYGlobe acted as litigation representatives of Company B, the involved enterprise accused of infringement, to participate in the proceedings of this case. Today we will conduct an in-depth analysis of this case.
[Author's Note]
01 Case Information
Despite holding the license for use of the "XX Ling" trademark, the defendant was still ruled to lose the lawsuit and assume liability for compensation by the court. Recently, in an intellectual property rights protection case represented by lawyers from Shanghai TYGlobe Law Firm, our lawyers acted on behalf of the producer of the TV series *XX Ling* to institute legal proceedings against the defendant holding the right to use the "XX Ling" trademark to safeguard its legitimate rights and interests, and finally succeeded in holding the defendant liable.
