A cake shop in Nantong, Jiangsu Province, made its own cakes and sold them in the shape of ice cubes. The market supervision department responded that the cake shop did not obtain relevant authorization from the Beijing Winter Olympics Organizing Committee. This kind of sales behavior has constituted In view of the relatively small amount of the alleged infringement, the cake shop was fined within 1,000 yuan and sales around Bingdundun were immediately stopped.
1. The store’s behavior involves infringement
As the Beijing Winter Olympics progresses, the popularity of Bingdundun has gradually increased, and it has even become difficult to find one. Many people want to own a "Bingdundun", so many netizens have made secondary creations based on Bingdundun's image.
Experts explained that it is normal to like Bingdundun, and secondary creation is also a common behavior. However, if the secondary creation is used for the purpose of selling, it constitutes infringement. If it is just for self-entertainment If you enjoy yourself and watch it by yourself, it will not constitute infringement. In the case, the store's behavior is sales, so the infringement is true.
Second, secondary creations must also abide by the law
This cake shop in Nantong, Jiangsu has committed infringement and has been punished according to the amount involved. Because if the circumstances are minor, it will be fined 1,000 yuan. Fines, or even one year in prison if the amount involved are huge.
The market supervision department has also received many infringement reports about Bingdundun. The sale of knitted Bingdundun, Bingdundun manicure, Bingdundun pattern clothes, etc. will be punished according to infringement, so netizens When we express our support for the Winter Olympics and our love for Bingdundun, we must abide by the provisions of the law.
3. Relevant legal science
Bing Dundun’s image copyright includes various peripheral copyrights. The owner is the Beijing 2022 Winter Olympics and Winter Paralympics Organizing Committee, any person or Organizations are not allowed to sell privately or adapt their image. They must strictly abide by the provisions of my country's Trademark Law, Copyright Law, and Patent Law to carry out activities, purchase Bingdundun related products from formal channels, and be law-abiding citizens.