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Xuchang Cake Shop was sued in court for using a bear image to make cakes. Under what circumstances does the cartoon image not constitute infringement?

Xuchang cake shop used the image of bears to make cakes, and was directly sued in court. It can be found that if you need to use some cartoon characters, you must get some information from the relevant personnel in advance, so that you can be foolproof.

The Bears is a cartoon that all children like. Everyone is familiar with such domestic cartoons. There are always some toys like this at home, and businesses in order to cater to consumption Some consumers will also find some business opportunities to directly put some popular cartoon plastic toys and pieces of paper on the cake for decoration, but they do not know that decorating the cake in this way will lead to the risk of infringement. There is a cake shop in Xuchang. Because it did not authorize the cartoon doll like Bear, the image was directly sued in court. Recently, you can see such a thing, that is, the People's Court of Xuchang City concluded such a case, regarding A case in which a cake shop infringed the copyright of the other party.

Bear Bears is a series of trademarks of Huaqiang Fantawild Animation Co., Ltd. and will have the exclusive right holder, and the categories used will include publications such as stationery, toys and audio-visual books, whether it is sporting goods, electronics Products, mobile games, clothing, shoes and hats will all have such cartoon images, but one day in 2019, the company’s agent and some notaries saw a cake shop in Xuchang City, and there would also be birthdays like bears. Cake, and get such a cake order, and finally get the cake, and have such a cake notarized.

This company believed that the cake was infringing and took the cake shop to court because of the infringement, which would affect the plaintiff’s legitimate rights and interests. When the matter goes to court, it will make the right choice. Such behavior does exist, and the defendant will be required to compensate the plaintiff for economic losses, which can reach 30,000 yuan during the trial. It is indeed found that such plastic toys are also a substantive case. From this point of view, it tells people that they must have legitimate rights and interests before they can use something.