New capital signs up for dispatch (reporter Zhang Yuan) because two companies are in network game " hot corpuscular ball " in do sth without authorization used ball king Maladuona's effigies, yesterday, by Beijing one quadrangle first instance is maintained form tort, be adjudicated to compensate for Maladuona 3 million yuan of pecuniary loss and expenses of loss of drive of a fund.
Accuser norton internet antivirusclaim for compensation loss of 1 yuan of spirit
In June 2010, network game " hot-blooded ball ball " allege ask Maladuona to take up the post of spokesman.
But, maladuona just appears personally very quickly deny, say to press a root to was not made with game just wait had had any contacts or meeting, and one quadrangle of northerly capital city hands over immediatelspring pooly indictment.
Say in indictment, discovered technology of computer of limited company of IT of net of the accused sina, the 9th city, the 9th city seeks advice from a company to be in 2010 its relewatch case openerased concerned Maladuona on respective government website Dai Yan " hot-blooded ball ball " the repoharrison hot spring public poolrt of game. In the meantime, 3 the accused were opened in game operation website " hot corpuscular ball " network game channel, associated operation " hot-blooded ball ball " game, the image that used Maladuona in the many interfaces of game and game channel and " Maladuona " foreign language autograph.
Maladuona thinks, 3 the accused fall in the case that did not the best selling modern dining chairspass accuser accredit, it is a purpose in order to seek profits, the effigies right that violated accuser and full name counterpoise. Because this asks, 3 the accused stop tort instantly, compensatory accuser RMB 20 million yuan, include more than yuan 1870 to compensate for belongings sex to damage a RMB among them, reasonable expense RMB reachs 1watch cases yuan spirit damages nearly 1.3 million yuan.
The accused says to think by accident obtain authorization
Last year in free norton internet antivirusAugust, this case is when cognizance of first time open a court session, him Maladuona as it happens enters activity of a football in Beijing, taking suite to appear in the court.
And before this, the court ever tried to organize 4 party to undertake intercessory, but did not gain headway.
When front courtyard careful, game of joint operation network " hot-blooded ball ball " firm of two 9 cities puts forward, in April 2010, they sign through the Liu Mou of the 3rd person that has nothing to do with this case " acting word agreement " , the trainer that thinks Liu Mou contacted Maladuona through bagman, good friend holds the Mancuso that handles broker work concurrently, undertook acting character matters concerned with Maladuona arrange the job. After the agreement is signed, they agree the contract to 250 thousand dollar passes money Liu Mou turns pay Mancuso, both sides returned each other to give autograph polo shirt.
"A variety of circumstances let above the person thinks to had crossed Maladuona all the time lawfully accredit, till receive plaintiff attorney letter, just know to may be put in the problem among them. " 9 cities firm shows.
Company of the accused sina says, the company is to pass authorization of 9 cities firm to popularize this game.
Funorth face shirtsll name authority did not win forensic support
Yesterday adjudge the spot, him Maladuona did not appear.
Beijing one quadrangle thinks, the behavior of firm of two 9 cities, enroach on Maladuona's effigies counterpoises. But, maladuona knows a personage as the whole world, its autograph can have regarded its individual as the one part of figure. With respect to this case, its sign can regarding as is as inseparable as its effigies one part, do not have the absolute sense of action of authority of enroach on full name. And this case company of sina of another the accused, accept 9 cities firm to award as a temporary measure to have cooperative agreement, its all had arrived necessary checkup is compulsory, subjective go up without fault.
Forensic court decision, firm of two 9 cities pulls authority of much accept effigies to publish excuse to state with respect to enroach on horse, compensate for Maladuona pecuniary loss RMB 3 million yuan, mental damages RMB 1 yuan, reject Maladuona other appeal to beg.
After adjudging, the court asks each opinion. Lavancouver to harrison hot springswyers express to want the decision after going back to discuss with party, still cannot decide to whether mention at present appeal.
■ chase after visit
3 million compensation contains measurable penalty
Ge Youshan's lawyer introduces, lawsuit at the beginning of, maladuona raises claim for compensation 50 million euro. The lawyer is carried out according to Chinese judicatory, to its to table a proposal. After Maladuona considers, fell forehead of claim for compensation 20 million RMB.
The court says, use scale of product of time, game according to already paying charge, effigies, suffer numerous etc, proper free watch caseconsideration is right because the accused is scanty at examining, and effigies reflects rushed use Maladuona below certain chastening premise, to compensating for Maladuona losing amount gives drink calm.
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