The iconic animated character "Altman" is well-known to people around the world. Many companies have used its image on products to attract consumers, especially in the children's market. Recently, Jiaxing Haoheeduo Department Store Co., Ltd. (referred to as "Hao You Duo") was accused of infringing on the copyright of "Altman" by selling children's shoes featuring the character, leading to a legal dispute. On December 16, the South Lake Court held a hearing regarding this copyright case.
The "Altman" animation, which first appeared in the 1960s, has been a beloved figure among children for decades. Its popularity has led to a wide range of merchandise, including toys and clothing, which many businesses have benefited from through licensing agreements.
In this case, the plaintiff, Shanghai Huachuang Company, claims to have obtained the copyright license for the "Altman" series from the original rights holder, granting them the right to distribute, display, and commercialize the character within mainland China. However, in August last year, the company discovered that the "Shangmin Shoes" produced by Jiaxing Haoheeduo were using the "Altman" image as a decorative element without proper authorization.
Shanghai Huachuang argues that the "Altman" character is widely recognized, and it is reasonable to assume that businesses in Jiaxing would be aware of the infringement. They claim that the sale of these shoes constitutes an unauthorized use of the image, thereby violating their copyright. As a result, the company filed a lawsuit, demanding that Hao You Duo immediately stop selling the infringing product, destroy all unsold inventory, and issue a public apology. They also requested compensation of 80,000 yuan in damages and reimbursement of 5,000 yuan in legal and related expenses.
Before the trial, the defendant’s lawyer told reporters that Jiaxing Haoheeduo had received a legal notice from the other party in September and had already removed the affected products from the shelves. Additionally, they had terminated their partnership with the shoe manufacturer involved.
During the court proceedings, the defense attorney argued that Shanghai Huachuang lacked the legal standing to bring the case. He cited a previous ruling by the Guangdong Higher Court in October, which stated that the rights to use the "Altman" image belong to Siemens in Thailand, not to Hiroya Production Co., Ltd. in Japan. This, he claimed, rendered the licensing agreement invalid, making the plaintiff ineligible to pursue the case.
Furthermore, the defense emphasized that the cartoon character on the children’s shoes sold in the store was not identical to the original "Altman" design. As a retail store, they claimed to have sourced the products from legitimate channels and had taken reasonable care in their selection.
The court did not announce a verdict during the hearing, and the case remains pending. This ongoing legal battle highlights the complexities of international copyright ownership and the importance of verifying licensing rights before using recognizable characters in commercial products.
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