Yan Chenjie sued the case of "Peaceful Bird"

The nation’s top ten supermodel Chen Chen had attracted people’s attention due to an infringement lawsuit. She sued Ningbo Peacebird Group for using its portrait to advertise without permission, resulting in another apparel company suspending her advertising endorsement contract and causing her to lose RMB 250,000 in damages. Yesterday, the case was heard in the Pudong Court. Yan Chenjie asked the Pacific Bird Group to pay her full compensation for her breach of contract and 10,000 yuan in moral damages.

Yan Chenjie: 250,000 should not pay me

Yesterday, Chen Chenjie did not appear in court. Her lawyer stated that since the beginning of 2004, the Peacebird Group had set up a large billboard with portraits of Yan Chenjie in the area of ​​the plant area of ​​the Taiping Bird Group in the south section of Ningbo West Ring Road without the consent of the plaintiff. As billboards are located on the side of the Shanghai-Hangzhou-Ningbo Expressway into the necessary passageway of the Ningbo section, the area is very large, which has a great social impact and a huge advertising effect.

However, in early February 2004, Chen Jie had signed an endorsement agreement with Shanghai Shengao Clothing Trade Co., Ltd., in which the company promised not to serve as a spokesperson for any similar apparel company during the period from March 2004 to May 2005, and to shoot. Any advertisement of the same type of product.

However, in May last year, after seeing the billboard, Yanao Company immediately suspended her advertising contract with Zhai Chenjie’s breach and termination, and she officially notified her in July last year to cancel the agreement and reserve the right to pursue the liability for breach of contract. And claim it 250,000 yuan.

However, Yan Chenjie believes that breach of contract is not her fault. She has never signed an advertising contract with Peacebird Group. Yan Chenjie asked Taiping Bird to withdraw the advertisement and requested the defendant to stop the infringement, eliminate the impact, apologize and pay compensation for the economic losses of RMB 250,000 and RMB 10,000.

Peacebird Group: "Zhai Chenjie reported the wrong person"

In yesterday’s courtroom, the Peacebird Group lawyers did not deny the fact that the billboards of the Peacebirds violated Yan Chen’s portrait rights. However, he said that the main body of infringement is the Taiping Bird Fashion and Leisure Women's Company, not the Taiping Bird. "It can be said that Yan Chenjie reported the wrong person."

In addition, the Peacebird Group's lawyers believe that because Yan Chenjie is not responsible for the infringement, there is no breach of contract. However, he said that the Pacific Bird Group is willing to assume some of the infringement liability, and to pay RMB 20,000 to 30,000 yuan for Chen Jiejie.

It is understood that due to the large gap between the compensation amounts proposed by the two sides, the court failed to mediate, and the Pudong New District Court will select the day to sentence the case.