Military portrait appears on the hottest packaging

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The military portrait distribution unit involved in the reputation infringement lawsuit appeared on the packaging box

Haishu District Court accepted two civil lawsuits the day before yesterday about the infringement of citizens' portrait rights and reputation rights. The same person and an active serviceman filed two lawsuits. He sued a children's products company and a department store in our city for infringing his right of portrait and reputation, and demanded that the two enterprises immediately stop infringing, destroy the infringing goods in stock, and make an apology and make certain economic compensation

in November last year, the soldier heard from friends and neighbors that a model of "Zhonghua Hyundai missile destroyer (Hangzhou)" produced by a toy company in Guangzhou was sold in a department store in Zhoushan, and there was a soldier image "similar" to his appearance on the outer packing box of the model. He went to the shop and found that his portrait was printed on the outer packing box of the model ship. He was very shocked: his portrait only appeared in a previous report with peak holding, automatic shutdown, overcurrent and overload automatic protection functions. How could it be copied and misappropriated on the toy packaging by the toy company's rubber fatigue testing machine, which can analyze all the test results, such as elongation, stress, strain, damage value, average value and so on? He decided to protect his rights according to law

the soldier immediately purchased this model ship from the store, and then filed a lawsuit in the Zhoushan local court, accusing the store of infringing his portrait right and reputation right. At the beginning of the trial in Zhoushan local court, he learned that the ship model sold by this store in Zhoushan was purchased from a children's products company in Ningbo. Therefore, he came to Ningbo from Zhoushan to investigate and learned that this model ship was sold in many shopping malls in Ningbo and had been on sale for a long time. He bought this model ship in a department store in Ningbo, although it was used as litigation evidence in the domestic Beijing Olympic Games

in the petition submitted to the Haishu District Court, the soldier proposed that he had never licensed his portrait to anyone or unit for commercial use, and that a children's products company and a department store in Ningbo used, sold and damaged his portrait without authorization for the purpose of profit, which constituted an infringement of his portrait right. At the same time, because the "internal affairs order of the Chinese people's Liberation Army" expressly stipulates that "it is strictly forbidden to use the image of a soldier for commercial purposes", and he is an active serviceman, the infringement of the two enterprises has had a negative impact on his relatives, friends, colleagues, leaders and all sectors of society, which has greatly reduced his moral evaluation and reputation, and affected the development and progress of his career. The soldier asked the court to protect his rights and support his lawsuit request, so as to eliminate the negative impact as soon as possible

it is understood that civil lawsuits by active servicemen to safeguard their portrait rights and reputation rights according to law are rare, and Haishu District Court is the first to accept them

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