China News Service, Guangzhou, April 26 (Fang Weibin and Pan Lingna) "B.Duck" from Hong Kong and "Walnut Duck", a cultural and creative brand in the Mainland, became "chaotic" because of copyright.
The reporter learned from the Guangdong Higher People's Court on the 26th that the court held that the two "duck" did not constitute substantial similarities and did not constitute copyright infringement. The appeal was rejected and the original judgment was upheld.
The reporter learned that in the case of Deying Trading (Shenzhen) Co., Ltd. v. Hangzhou Hard Walnut Cultural Planning Co., Ltd. and Shenzhen Gaoyimeichen Space Technology Co., Ltd. for copyright ownership and infringement dispute appeals, Deying Company is Hong Kong Senke Company. Licensors of works authorized in Mainland China.
"B.DUCK", also known as "Little Yellow Duck", was created by Hong Kong Sunco in 2005, and then applied to different product categories. Its image has been widely welcomed by the public including China and Japan.
The right holder of the related image of "Walnut Duckling" is Xiguan Company.
In July 2017, Hard Walnut Company commissioned a designer to create the "Walnut Duckling" on the basis of Xiguan Company.
In June 2019, Hard Walnut Company authorized Gao Yi Meichen Company to hold the "Walnut Duckling Theme Authorization Exhibition" in Donghui City, Maoming, Guangdong Province.
Deying Company sued the court, requesting an order to order Hard Walnut Company and Gaoyi Meichen Company to stop the infringement of the copyright of "B.DUCK" art works and to compensate the losses of RMB 500,000.
The court of first instance found that the front, back and side of "B.Duck" and "Walnut Duck" have obvious differences in visual effects. The design elements are different, and the design concepts are also quite different. The two are not substantially similar works. , The judgment rejected Deying Company's litigation request.
Deying Company refused to accept it and filed an appeal.
The court of second instance held that, after comparison, although both "Walnut Duckling" and "B.DUCK" were created with anthropomorphic techniques, the creative techniques belonged to the category of ideology and no one should monopolize them.
"Walnut Duck" and "B.DUCK" are similar in that yellow represents the body of a duck, and orange represents the duck's beak, legs and feet. The similarity is that the head is shaped like a "peach" shape, but this It is not created by "B.DUCK".
"Walnut duckling" and "B.DUCK" do not constitute the same or similar in substance, and do not constitute plagiarism.
(Finish)