“Rainbow Unicorn” with copyrights infringed by a children’s clothing brand? The counter said it was “Little Pony” …
1818 Video of Golden Eyes
Ms. Hu was produced by embroidered fabrics. She reported that she had applied for a copyright of a copyright.
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See “Balabala” children’s clothing
Did you hit the pattern with your own work?
Ms. Hu took out a registration certificate, showing that Ms. Hu had a copyright of art works called Rainbow Centers. The creative time was April 2018, and the registration time was March 2019. Ms. Hu said that this flower type was customized for children’s clothing customers, but on July 31st, she saw a children’s clothing at the Yintai Department Store in Balabara Children’s Clothing Koqiao Yintai Store. The flower type above was almost the same as her design.
Ms. Hu
: “Follow my pattern element,
It just moved the size of the pattern
It is to reduce the previous pattern, 60 % of my pattern, and then the line color and the bottom of the pattern are arranged.
These are exactly the same
, I can’t say that it is 100 % similar,
But I can be said to be similar to 90 %
Essence “
Balabala children’s clothing Keqiao Yintai Department Store Manager
Our company pushed Xiaoma Bolly
(Isn’t it a unicorn?) No (
This is a unicorn
, It has an angle. ) “
The little Ma Bolly said that the manager said is an animated image in a cartoon film. Ms. Hu said that this dress is also sold on the Internet. The product name is the Barabala girl princess skirt. Some flower types are indeed very similar to Ms. Hu’s copyright works.
: “Because of our copyright application, it is equivalent to one of my personal works.
If it is violated, he will investigate his legal responsibility
This is also the legitimate rights and interests that protect our own (what if others need to use your pattern?) If you want to use my pattern, if you want to use my pattern,
I need to pass my permission, or my authorization
Ms. Hu believes that Balabala uses this flower type without herself, and there is infringement. The reporter contacts the Barlabara children’s clothing customer service.
Balabala children’s clothing customer service
We have reflected with our superiors
, The superior is still verifying, the superior is still helping you verify this problem, you still need to wait patiently (do you have a clear time)
This clear time cannot be guaranteed with you
Because we are talking about this, we have to communicate with the store. “
Ms. Hu said that he had considered the legal way.
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Lawyer thinks
Need evidence to prove who copyright is registered before
The reporter also consulted a lawyer about how to determine the infringement of the work.
Chen Songtao, a lawyer of Zhejiang Fengguo Law Firm
: “If her copyright is registered first, then it is initially determined that she is copyright. The other party cannot use it, and it must be removed.
Who takes the evidence to prove that I am in front
I am first,
So basically this person in the back copy the front
, Or infringement.
Ms. Hu
Ms. Hu
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