Sina Entertainment News Tianyancha App shows that recently, the first-instance verdict of the Internet tort liability dispute between Di Lieba and Xu Moumou was made public. According to the document, the plaintiff, Di Lieba, claimed that the legal representative of the company involved in the infringing product, Xu Moumou, used multiple portraits of Di Lieba on the outer packaging of facial masks and other products sold in his circle of friends without consent, and used Di Lieba’s Ba is used as a brand spokesperson for publicity. After Di Lieba filed a lawsuit against his company and obtained an effective judgment, he still continues to infringe, seriously infringing on Di Lieba’s portrait rights and name rights. The defendant argued that it signed a copyright licensing contract with a company in Guangdong, which was cheated by the company.
The court held that the evidence submitted by the defendant was not sufficient to prove that it was legally authorized to use the plaintiff’s portrait and name in its personal circle of friends. The use of the plaintiff’s portrait and name in the product display videos and pictures released in the circle of friends has exceeded the limit of reasonable use, which constitutes an infringement of Di Lieba’s portrait rights and name rights. In the end, the court ruled that the defendant Xu Moumou posted a statement on his personal WeChat Moments to apologize to Di Lieba and compensate Di Lieba for economic losses of 30,000 yuan.