Seven years ago, advertisements were "replaced by flowers"
Carman Lee has been violated.
Sue advertisers angrily.
Text/reporter Lu Wei
1999' s endorsement TV advertisement was replaced by another "brand-new" advertisement after a lapse of seven years, which was broadcast on the screen with great fanfare every day. ...
Such a strange thing was hit by Carman Lee.
After more than 1 month negotiation, Carman Lee decided to formally sue the infringing advertisers in the near future.
Old advertising combination.
At the end of February this year, in the afternoon 14: 45, Miss Deng, the agent, accidentally saw the advertisement of "Charming Crystal" broadcast on the family shopping program of "An Bixin" of Shaanxi Satellite TV. This photo seems familiar. "This model really looks like Carman Lee!"
In the afternoon 15, Tianjin Satellite TV also broadcast the advertisement. Miss Deng took a closer look and found something strange. "The more you look at it, the more it looks like the TV advertisement taken by Carman Lee when he signed the endorsement of underwear sterilizer with Anbixin Technology Co., Ltd. at 1999." She quickly turned out the advertisements that had been dusty for many years, and they corresponded one by one. Suddenly, she was dumbfounded.
Seven years ago, the advertising clips were rearranged and combined, and nearly 15 minutes of "new advertisements" were inserted. "After digital editing, Carman Lee's products have changed, the lens order has been disrupted, the lines have been re-dubbed, and even the mouth shape is wrong. What's more, because' Charming Eye Crystal' is a product to eliminate wrinkles, in order to enhance persuasiveness, they also added many wrinkles around Carman Lee's eyes for no reason, in order to form a strong contrast with the' miraculous effect' after using the product. "
The reporter watched two advertisements, 1999 "underwear sterilizer" and 2006 "charming eye crystal", which were consistent with Miss Deng's description.
Negotiations failed in recent 1 month.
Miss Deng immediately called Mr. Huang, the person in charge of the program, demanding that all "collage" advertisements in the name be stopped immediately. The other party admitted the mistake, but refused to stop the broadcast on the grounds that "we can't find you, so we want to broadcast for a while to see the effect", and even proposed "can we sign an agreement, and we can provide some compensation to keep the advertisement broadcasting?"
Miss Deng firmly disagreed: "This is not a question of money or not at all! As stars, every time we choose to endorse a product, we always try it out first and then recommend it to consumers after approval. Carman Lee "endorsed" the so-called "charming eye crystal" without knowing it. Isn't this cheating consumers? Less compensation, can the deception of consumers be compensated with money? "
From the beginning of March to the end of April, the two sides experienced 1 more months of "tug-of-war" communication, and the other side kept broadcasting advertisements, instead emphasizing: "I hope to remake an advertisement to reconcile, even if it is the spokesperson of' charming eye crystal'."
Miss Deng said, "It's ridiculous. It's like you stole something from me before and insisted that I give you something back. Moreover, in the process of communication, they also made rude remarks,' Carman Lee is not famous now!' I want to ask, since she is not famous, why steal her image? "
Charming Crystal: I don't know! Hard to say!
During the negotiation of 1 month, the program ignored Miss Deng's repeated requests, and the advertisement was still broadcast "on time".
Huang Chen, Carman Lee's legal adviser and lawyer of Shanghai Zhengyi Huaxia Law Firm, pointed out: "The behavior of this brand has constituted a serious infringement on Miss Carman Lee." Article 100 of the General Principles of the Civil Law: "Citizens have the right to portrait, and their portraits shall not be used for profit without their consent." Article 120: "If a citizen's right to name, portrait or honor is infringed upon, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, an apology be made, and he may demand compensation for losses." Article 47 of the Advertising Law: "Advertisers, advertising agents and advertisement publishers who violate the provisions of this Law and commit any of the following infringements shall bear civil liability according to law: (1) those who harm the physical and mental health of minors or disabled persons in advertisements; (two) counterfeiting the patent of others; (three) belittle the goods or services of other producers and operators; (4) Using another person's name or image in advertisements without consent; (five) other violations of the legitimate civil rights and interests of others. "
The reporter immediately contacted Mr. Huang, and the other party said: "I don't know, I don't accept telephone interviews, and I didn't confirm who you are. Don't you think it's too abrupt to ask these questions on the phone? This is an advertisement of our company. I don't know you, and I have no obligation to tell you that I have the right to remain silent. " Cut off the phone.
The reporter then contacted Miss Yang, who is in charge of the media: "We have cooperated with each other before and cooperated very well. We have a new product' Charming Crystal' and would like to ask her to endorse it again. We are currently negotiating. "
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The reporter asked: "The' Charming Eye Crystal' is still under negotiation, but it hasn't been settled yet?" "yes." Miss Yang confirmed, "Then how can we broadcast the advertisement first?" Did Carman Lee know before the broadcast? "The reporter asked." Don't ask so carefully, you can't say. There is no problem when celebrity endorsements are well talked about, and there will be problems when they are not well talked about. "
When the reporter questioned that there were many similarities between the advertisements of "Charming Eye Crystal" and "Underwear Disinfector", she asked warily, "How have you seen the advertisement of 1999? I can't talk about that advertisement. You'd better ask Mr. Huang. " And then hung up the phone, too.
Jiang is also involved.
The reporter searched online, entered "An Bixin" and found the following two web pages:
On the homepage of the website, Carina Lau smiles like a flower. On the right side of the picture, there is a handwritten "Trust me, you can do it" and Carina Lau's signature.
On the "Enterprise Introduction" page of the website, there are words such as "The company hired Chen Hong, Qu Ying, Jiang, and other film and television superstars to speak for the brand, which increased the brand's popularity and reputation". Next to the product introductions of "bodybuilding equipment" and "slimming doctor", there are images of He Jiang respectively. The reporter then called Ms. Chen, a mainland agent, and Ms. Chang, a Jiang agent.
Miss Chen said that Carina Lau did act as the advertising spokesperson for this product, but the contract expired at the end of 2003. In September, June, 2005, one day in 65438+ 10, Miss Chen found that the endorsement advertisement was still playing, and immediately contacted the brand and asked to stop playing immediately. The other party guarantees that there is no problem. But 1 month later, in the same place, the advertisement has not been removed. It was not until a lawyer's letter was sent to the other party that it was "eradicated".
However, Ms. Chang doesn't want to talk about this topic, but according to the data, Jiang's advertising endorsement should be around 2000, and it has expired.
Carman Lee is not an "accidental" phenomenon.
The reporter interviewed some professionals who have been in the star advertising circle for many years. They analyzed: "It is not uncommon for expired advertisements to continue to be broadcast, or it is not uncommon to say' substitute flowers'. Think about it, how much does it cost for a brand to invite a celebrity to speak for it? What if you can't afford it? It's luck not to get caught first; If you are caught, you can go to court at most. How much can you pay? It is much cheaper to compare directly with the stars. "
Star advertising infringement is not one or two. ...
Andy Lau
June 5438+October 2004 10, Andy Lau's agent in the mainland discovered that a company in Guangzhou was selling cosmetics and washing products with Andy Lau's head printed without authorization. Hua Zai entrusted a lawyer to send two letters to the company, asking it to stop all acts related to the theft of portrait rights. In March, Andy Lau formally submitted a complaint to the court, demanding that the infringer immediately stop the infringement.
Zhao Benshan
In the first half of 2004, Zhao Benshan found that a large photo of him was printed on the advertisement color page of a brand in Guangzhou, and he also gave away the VCD he selected for free. Zhao Benshan sued, and the court finally found that the company did infringe on his portrait right, but thought that the claim amount of 3 million was too high, and awarded 70,000 yuan for mental damage as appropriate.
Zhao Zhongxiang
In August, 2004, patients deceived by a drug advertisement complained to the competent authorities one after another, and turned their anger to Zhao Zhongxiang, who appeared as the host in the advertisement. Without Zhao Zhongxiang's knowledge, he entrusted a lawyer with full authority to represent the case and resolutely stopped his infringement. After a difficult war of words, the two sides reached a settlement and agreed to stop the infringement and pay economic compensation.
Cecilia Cheung
In September, 2005, Cecilia Cheung found and bought three products with her portrait on their packaging, and immediately sued the manufacturer, accusing the company of infringing her portrait right, and put forward three demands, such as stopping the infringement, apologizing in the newspaper and compensating RMB 2 million. This is by far the largest amount of compensation in China. Cecilia Cheung won the case and was awarded 654.38 million yuan.
The infringing lens of deadline news has "disappeared"
On April 24th, Carman Lee's agent and lawyer flew to Beijing for the last consultation with the other party on "Charming Eye Crystal".
The other party is willing to pay compensation, but insists that the advertisement can continue to play.
At the same time, Carman Lee, the manufacturer of similar products, saw the "Charming Eye Crystal" and asked her what was going on. Because similar goods are mutually exclusive, in short, a star can only endorse one kind of goods in the same field at the same time.
Carman Lee couldn't bear it, and decided to entrust Huang Chen's lawyer to formally sue the brand recently: "Many friends told me, forget it, don't sue, even if you win, the compensation may not be enough for your lawsuit. But I think this is my own responsibility, the integrity of consumers, but also the responsibility of those honest and trustworthy businessmen I want to fight this lawsuit to the end! If you don't fight, you will appease those dishonest businessmen, let them taste the sweetness of breaking the law, and will be willing to do honest and trustworthy things at the cost in the future? I am willing to donate the compensation to charity! "
The reporter observed that since April 27th, all the scenes involving Carman Lee in Glamour Crystal have "disappeared".
I advise you not to buy the products of this company in the future. Anything can be adulterated.