At the beginning of 20 19, one thing made the writer Mo Yan very depressed and inexplicably "backed the pot" ...... "Teacher Mo Yan said: After using the jade porcelain technology health pot, the cooking tastes different, and it is healthy and healthy." This is what Mo Yan said.

Recently, the court finally ruled that Mo Yan was compensated 265,438+10,000 yuan. This is his first lawsuit after winning the Nobel Prize, and it also sets a new record in the dispute case of celebrity personality rights.

Mo Yan's inexplicable "back pot"

On February 27th this year, the case of writer Mo Yan v. Shenzhen Yuci Technology Co., Ltd. was opened in the Baoan District Court of Shenzhen.

Mo Yan took a company named "Jade Porcelain Technology Co., Ltd." in Shenzhen to court.

Liu Ruzhong, Mo Yan's entrusted agent and lawyer of Taihetai (Beijing) Law Firm, told the reporter, "This case is the first lawsuit that Mo Yan played after winning the Nobel Prize, because it was unbearable."

From June to February last year, 5438, a large number of advertising videos and graphic information related to "Mo Yan" appeared on the Internet, in which Mo Yan's name was mentioned many times, Mo Yan's photos were inserted, and the calligraphy works related to ceramics inscribed by Mo Yan were displayed, and Mo Yan was said to have used the products of this company.

The video dubbing said: "Mr. Mo Yan spoke highly of the jade porcelain craft after using the pure ceramic health pot with jade porcelain craft at home, and invited Dong, the founder of the company, to be a guest at home, write an inscription for him, and talk about literature and ceramics as a comrade.

Finally, Mr. Mo Yan said: With the jade porcelain health pot, the cooking tastes different. It is healthy, and other metal carcinogenic pots can't be used any more. I hope you can sell it all over the world and benefit the health of all mankind. "

In these videos, photos of Mo Yan and Dong are widely used. The man claimed to be "the father of world ceramics" and the chairman of Yuci Technology. On the day of the trial, he did not appear in court.

You can find this company in Tianyan. At present, the legal representative of the company is Dong Zhongkun, and Dong is the executive director and major shareholder.

Kindness has been used instead.

According to the Procuratorate Daily, this person doesn't know Mo Yan. The reason why he has a photo with Mo Yan and his calligraphy inscription is actually a matchmaking request from the staff of Mo Yan's residential mailroom.

Due to professional convenience, the employee is familiar with Mo Yan's family. Last year, he turned to Mo Yan for help and mentioned Dong, saying that Dong had paid the insurance premium for his wife and he had nothing to report. He begged Mo Yan to write a word for Dong as a reward.

Out of the mentality of helping others, Mo Yan reluctantly agreed. When Dong heard that he was in the ceramic business, he copied a famous ceramic poem "Jingdezhen Pavilion Fu" in Ming Dynasty and gave it to him. In the process, Mo Yan and Dong did not meet.

A few days later, the employee asked Mo Yan to allow Dong to visit his home and sign the book for him.

During the meeting in just a few minutes, Dong eagerly asked for a photo with Mo Yan, and took out Mo Yan's works prepared in advance for Mo Yan to sign. Because both of them joined the army, Mo Yan finally wrote an inscription: Give it to Dong's comrades-in-arms, and the meeting will end.

Mo Yan never imagined that his good intentions were used and infringed for profit.

Liu Ruzhong told reporters: "Mr Mo Yan's right to name and portrait is of great commercial value because of his popularity and good social reputation.

He never authorized Yuci Technology Co., Ltd. to use his name and photos.

However, this company used Mo Yan's name, photos and calligraphy works in corporate propaganda films and advertisements without authorization, and spread them on public networks to confuse people and seek economic benefits. This seriously violated Mr. Mo Yan's right to name and portrait. "

Some old people were cheated and suffered heavy losses.

What makes Mo Yan unbearable is that some users of jade porcelain pots in Jiujiang, Jiangxi Province have turned around to find Mo Yan's family, reflecting that some old people have invested hundreds of thousands in this enterprise because they trust Mo Yan. "As a result, one pot can't be sold, one head can't be pulled up, and the losses are heavy."

Some netizens said that the business model of this company is suspected of pyramid schemes. "It doesn't sell ceramic pot directly, but earns income by developing offline personnel to join the club."

"So-called 9000 yuan to buy 9 pieces of ceramic pot pots and pans, the biggest stunt is that there is no lampblack in the ceramic wok. Ceramic has strong thermal insulation, and there is absolutely no oil smoke at the ignition point of edible oil, up to 500 pieces. Also called a two-person Hong Kong tour. Don't be fooled by old people at home. "

At the same time, because Mo Yan was dubbed in his corporate propaganda film, "The jade porcelain technology health pot was used, and the cooking taste was different, healthy and healthy, and other metal cancer-causing pots could not be used any more", which led the manufacturer of an iron pot brand to find Mo Yan and ask, "How do you say that our pot will cause cancer?" This made Mo Yan miserable.

After searching in Weibo, we found that users named "Jade Porcelain Technology" are active in Weibo, promoting their products.

The court's first-instance judgment: compensation for Mo Yan is 265,438+10,000.

On May 30th, after more than three months of litigation, writer Mo Yan finally got the result of his first lawsuit after winning the Nobel Prize.

The judgment of the people's court of Baoan District, Shenzhen City, Guangdong Province,

Shenzhen Yuci Technology Co., Ltd. used its name and image for commercial publicity without Mo Yan's permission, and shaped the advertising image of Mo Yan's endorsement of the company's products, which violated Mo Yan's right to name and portrait and should bear corresponding legal responsibilities.

Ordered Shenzhen Yuci Technology Co., Ltd. to immediately stop the infringement of Mo Yan's right to name and portrait, and delete the relevant infringement information involved; Publish an apology letter in ""to apologize and eliminate the influence; He also compensated Mo Yan for property losses of 2 million yuan and spiritual damages of 65,438+10,000 yuan.

Liu Ruzhong, Mo Yan's entrusted agent and lawyer of Taihetai (Beijing) Law Firm, told the reporter: "As far as I know, the amount of compensation of 2 million yuan has reached a record high in the celebrity personality right dispute case, which shows the judicial disciplinary attitude towards this infringement."

In this regard, many netizens said: support Mo Yan's rights protection! At present, the video has been removed from Tencent Video. Netizens who have seen the video have said: It's too fake! ! !