A well-known gaming company has launched multiple popular mobile games, with their character images and merchandise being highly sought after in the market. However, in December 2023, the game company discovered that a certain anime company was holding an anime exhibition under the name of its game and extensively using the names, character images, and video content of its games in promotions and event venues. The game company immediately issued a lawyer's letter requesting to stop the infringement behavior. Although the animation company suspended its activities in Shanghai, it moved the exhibition to other provinces and cities, and continued to hold more than ten exhibitions under similar names. The game company subsequently sued the anime company in court, demanding to stop infringing and claim 500000 yuan in compensation. The game company believes that the anime company used the name of its game without authorization in various places such as promotional posters, on-site display screens, and stage background boards at the comic exhibition, and publicly sold or gifted game merchandise such as figurines, badges, bookmarks, etc. In addition, game promotional videos were played at the event site, and cast members were organized to play game roles and sing songs from the game. These actions infringe upon the plaintiff's copyright in game songs and videos, and constitute unfair competition. The animation company did not appear in court to issue a defense. After the trial in Jinshan District Court, it was found that the various game elements in online games can be separated, and character images, names, and video content can all exist independently of the online game itself. In this case, 74 game character images meet the constitutive requirements of art works, and the game names are recognized as "influential product names" due to their market popularity, and should be protected according to law. Without authorization, animation companies have violated the game company's screening rights, distribution rights, exhibition rights, and information network dissemination rights by playing promotional videos, selling peripheral products, and displaying game character images. In addition, its frequent use of game names can easily lead the public to mistakenly believe that the event is related to the game company, constituting unfair competition. Considering that the animation company continued to infringe rights after receiving a lawyer's letter and held events in many parts of the country, the court ruled that it should compensate the game company for economic losses and reasonable expenses for rights protection, totaling 500000 yuan. After the first instance judgment, neither party appealed and the judgment has come into effect. The judge suggested that the sponsor of the diffuse exhibition should establish and improve the intellectual property review mechanism, strictly check the exhibitors, ensure that all exhibits, goods sold and promotional content of the activity have been authorized by the copyright owner of the game or comic works, and promote the animation characters to enter the offline diffuse exhibition legally from the "anime". (outlook new era)
Edit:Fu Yu Responsible editor:Chi Hua
Source:legaldaily.com
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com