The iconic animated character "Altman" is well-known to many people. Many businesses have used the image of "Altman" on their products to attract customers. Recently, Jiaxing Haoheeduo Department Store Co., Ltd. (referred to as "Hao You Duo") was accused of infringing on the copyright by selling children's shoes featuring the "Altman" image, which led to a legal case. On December 16, the South Lake Court heard the copyright dispute.
The famous animation character "Altman" first appeared in the 1960s and has remained popular among children for decades. Its merchandise, including toys and clothing, has been widely distributed and has brought considerable profits to various companies.
In this case, the plaintiff, Shanghai Huachuang Company, had signed a copyright licensing agreement with the rights holder of the "Altman" film and television series, granting them the authority to manage the distribution, exhibition, and commercialization of the "Altman" brand within mainland China.
In August last year, Shanghai Huachuang discovered that "Shangmin Shoes" produced by Jiaxing "Hao You Duo" were using the "Altman" image as a decorative element. The company argued that the "Altman" image is deeply embedded in public consciousness, and it is unlikely that companies in Jiaxing would be unaware of its copyright status. Therefore, the sale of these shoes without proper authorization constitutes infringement.
Shanghai Huachuang filed a lawsuit, demanding that "Hao You Duo" immediately stop selling the infringing "Shangmin Shoes," destroy all unsold inventory, semi-finished products, and related materials, issue a public apology, compensate for economic losses of 80,000 yuan, and cover all legal expenses, including litigation fees, attorney fees, and investigation costs, totaling approximately 5,000 yuan.
Before the trial, the defendant’s lawyer told reporters that "Hao You Duo" had received a legal notice from the other party in September and had already removed the affected products from the shelves. They also terminated their partnership with the shoe manufacturers involved.
During the court hearing, the defense attorney claimed that Shanghai Huachuang lacked the legal standing to file the lawsuit. He cited a final ruling by the Guangdong Higher Court in October this year, which stated that the right to use the "Altman" image belongs to Siemens in Thailand, not to Hiroya Production Co., Ltd. in Japan. As a result, the licensing contract signed by Shanghai Huachuang was deemed invalid, and the plaintiff did not meet the criteria to be a legitimate party in the case.
Additionally, the defendant emphasized that the cartoon character on the children's shoes sold in the store was not an exact match with the original "Altman" image. As a supermarket, they claim to source products from regular suppliers and have exercised due diligence.
It is reported that the court did not announce its verdict during the hearing. The case is expected to be decided in the coming weeks.
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