Zhang Liang "hand in hand" Yang Guofu spicy hot, what will be the legal hidden dangers?

BEIJING, Aug. 11 (Wang Qingkai Wang Wei) Zhang Liang and "Zhang Liang spicy hot" feud was turned out again, but also on Sina Weibo hot search.
recently, a netizen commented under Zhang Liang's microblog, "Your home (Zhang Liang spicy hot) spicy hot too LOW", "really black heart business." Zhang Liang replied, "Go eat Yang Guofu."
Yang Guofu spicy hot then tweeted, inviting Zhang Liang to be the spokesman for the company.
this come and go, not only let Zhang Liang on a hot search, but also for Yang Guofu spicy hot advertising. The saddest is Zhang Liang spicy hot, lying gun to become a netizen mouth of the "black heart business."
Liang spicy hot reply that the netizen's statement is not accurate, "plus the sauce charge" is limited to the takeaway platform, the store's self-service small table is free. At the same time, there is no right to interfere with the "Yang Guofu spicy hot" asked who to speak for.
many people eat melon may not know, Zhang Liang spicy hot and actor Zhang Liang has nothing to do. If there is to be a relationship, it is that Zhang Liang once took Zhang Liang spicy hot to court.
2015, Zhang Liang found that the Inner Mongolia University of Finance and Economics canteen "Zhang Liang spicy hot" dining window inside the wall using Zhang Liang and his son two photos, Zhang Liang this canteen company and Zhang Liang spicy hot to court.
However, after the court investigation and trial, the canteen spicy hot and Zhang Liang spicy hot company has nothing to do with, belongs to the "Li ghost" Zhang Liang spicy hot, so the court did not judge Zhang Liang spicy hot company compensation, only the canteen company compensation.
more interesting is that Zhang Liang, the founder of "Zhang Liang Spicy Hot", and Yang Guofu, the founder of "Yang Guofu Spicy Hot", are still related. Zhang Liang, founder of "Zhang Liang Spicy Hot", has said that Yang Guofu is his aunt's cousin, there is no blood relationship between the two people, there is a family relationship.
public information shows that Zhang Liang spicy hot in the country with 23 branches, the global chain has reached more than 5000. Yang Guofu spicy hot is not weak, not only "China's top 100 fast food enterprises", overseas 5 countries, Chinese mainland23 provinces, but also has more than 5,500 franchise stores.
this is not the end of the matter, there are sharp-eyed netizens follow the trail, speculation that this may be Yang Guofu spicy hot and Zhang Liang jointly carried out a commercial marketing.
if this inference is made. This "melon" can be big, entertainment events may also rise into a legal dispute.
a bright spicy hot or can intervene in
."If it happened by accident, there would be no infringement by 2000." Li Tao, director of the Intellectual Property Research Center of the Law School of the Central University of Finance and Economics, told China News Agency that if Zhang Liang and Yang Guofu spicy hot on the basis of private communication, a kind of "pull-on marketing", and find netizens as a trust, then it may involve unfair competition. Because in the process, they denigrated Zhang Liang's reputation for spicy hot.
, in addition to Zhang Liang to bear tort liability, Yang Guofu spicy hot also suspected of violating the Anti-Unfair Competition Law related provisions.
Article 11 of the Anti-Unfair Competition Law stipulates that operators shall not fabricate or disseminate false or misleading information to damage the commercial reputation and commodity reputation of competitors.
Beijing Kyoto Law Firm lawyer Changsha further to China News Agency is a through train reporter said that if Yang Guofu and Zhang Liang agreed in advance to pass such a request "trust" behavior, to Yang Guofu's competitor Zhang Liang spicy poor evaluation information publicity, dissemination, and take advantage of the opportunity to market, it is indeed possible to constitute the provisions of the article "misleading information", Yang Guofu may be suspected of unfair competition.
the bright can and Yang Guofu spicy hot can further cooperation? The answer is yes.
as an artist, according to the relevant provisions of the right to name, with Yang Guofu in the process of using their own art name rights. Artist Zhang Liang can not be used as Zhang Liang spicy hot logo, his name also does not constitute an infringement of Zhang Liang spicy hot trademark. Therefore, Zhang Liang and Yang Guofu spicy hot cooperation itself will not appear trademark infringement problems.
But the industry pointed out that if Zhang Liang really accepted Yang Guofu's endorsement invitation, his artistic name Zhang Liang and Zhang Liang spicy hot two still exist between the possibility of confusing consumer awareness, and Zhang Liang spicy hot has a certain reputation, so once in the follow-up packaging, decoration, Yang Guofu spicy hot because of Zhang Liang's endorsement and Zhang Liang spicy hot iron constitutes a confusing publicity, Yang Guofu spicy hot on the risk of bundling spicy hot.
in this regard, the Anti-Unfair Competition Law also has relevant provisions. Article 6 of the article stipulates the types of acts of "unfair competition by the goodwill of others" involved in the question, including the unauthorized use of similar trademarks, logos, business names, sizes, names, etc., but to determine that the acts of unfair competition that constitute the provisions of this article need to reach the level of "making people mistaken for other people's goods or making specific connections with others".
Changsha believes that to judge the use of Zhang Liang (artist) art name to do endorsement and advertising and Zhang Liang spicy hot similar Yang Guofu constitutes unfair competition for the goodwill of others, or need to see the brand and artists between the advertising planning, advertising products and other specific judgment, but not a general view of infringement or not. However, there is a well-documented concern among netizens that advertising words, packaging, etc. are too "excessive" to lead to infringement.
, Changsa believes that if the incident were a well-planned publicity campaign, it could constitute unfair competition by devaluing the reputation of the opponent. And Zhang Liang if the success of "hand in hand" Yang Guofu spicy hot, in the follow-up publicity, also need to pay attention to the distinction with Zhang Liang spicy hot, to avoid constitering unfair competition.
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