A T-Shirt Actually Provoked 100 Thousand Yuan Lawsuit.

A picture has 10 Sun Wukong T-shirts, unexpectedly provoked a 100 thousand yuan infringement lawsuit.

In August 2008, the Shanghai art film studio (hereinafter referred to as "Mei Ying factory") sent a colored T-shirt from a clothing store in the city. There are 10 images of Sun Wukong on the T-shirt.

Mei Ying factory believes that Sun Wukong, a styled figure of art created in the famous animated cartoon "Monkey King" and "golden monkey demon", therefore sues the shopkeeper and the manufacturer of T-shirts to the court on the grounds of copyright infringement, and claims a claim of 100 thousand yuan for infringement.

The view of Mei Ying factory is that Sun Wukong, who created this style, is the first artistic creation in the cartoon of "Monkey King" and "golden monkey demon" in 1961, and is renowned both at home and abroad.

Today, the cartoon character is unauthorized for the production and sale of T-shirts, so he claims compensation.

In the summer of 2008, in the summer of 2008, she put in 6 to 7 T-shirts from the shirt country clothing company (hereinafter referred to as "the shirt country company").

The sweater company believes that the T-shirt is created by its hired designer alone. The image of Sun Wukong is different from any of the previous pictures in the film and television works of the Mei Ying factory.

"The old Sun Wukong was not portrayed as Superman King Kong, or beast, but human nature.

And our design just gives Sun Wukong the image of humanity because he is doing radio exercises.

The defense counsel also suggested that the original source of Sun Wukong's image is complex, which includes both the sound of the sound, the brother of the ancient cicada, and the book "three dozen of Sun Wukong's bones" by the Shanghai children's publishing house.

As far as they know, when the designers create the picture of "grand master gymnastics", they do not refer to Sun Wukong's image of Mei Ying factory at all, but they get inspiration from Peking Opera facial makeup and folk atlas.

Therefore, "Sun Wukong, who does radio exercises" on T-shirts, is not only infringing on the rights of the company, but also the company's exclusive intellectual property rights.

Under the repeated request of the judge, the lawyer of the Mei Ying factory summed up the image of Sun Wukong in his opinion: 1, the head has a red peach shape in the middle, including the nose, which changes with the expression of the face; 2, the eyebrows are on the top of the peach shape, which are spoon shaped, wide in the outside and small in the inside. 3, the hair is triangular on the top of the peach shape, and has a tight spell; 4, the lower part of the peach shape has two nostrils; 5, the body has a blue scarf, apricot yellow coat, and the left shoulder to the right waist has a black ribbon, with two hands and wrist, and a tiger skirt.

As soon as the voice dropped, the judge pointed out that even Sun Wukong in the havoc of the heavenly palace and the golden monkey demon did not all conform to the image of the lawyer's induction. In this regard, the lawyer had to change his name, and he would supplement Sun Wukong's image in written form after the court.

Before the adjournment of the adjournment, the judge reminded the plaintiff to be prepared fully before the next court.

In contrast, the side of the shirt company refutes a very sharp view: "in the 172800 frames of" all the animated cartoons ", I believe that no one is consistent with the" grand sage gymnastics "involved in the case. If so, how can we constitute infringement?

The court announced that the case will continue to be heard.