The blame for Mo Yan’s endorsement? This time, Mo Yan really “takes the blame”!
At the beginning of 2019, something happened that made writer Mo Yan very depressed, and he took the blame out of nowhere. ....."Teacher Mo Yan said: After using the jade porcelain technology health pot, the cooking taste is different, and it is healthy." This is what Mo Yan said
Recently, the court finally ruled: Mo Yan was compensated 2.1 million yuan. This was the first lawsuit he fought after winning the Nobel Prize, and it also set a new record for celebrities’ personal rights disputes.
Mo Yan inexplicably took the blame
On February 27 this year, the case of writer Mo Yan suing Shenzhen Jade Ceramics Technology Co., Ltd. for a personality rights dispute was held in the Shenzhen Baoan District Court.
Mo Yan took a Shenzhen company called "Jade Porcelain Technology Co., Ltd." to court.
Mo Yan’s attorney, Liu Ruzhong, a lawyer at Taihota (Beijing) Law Firm, told reporters, “This case is the first lawsuit that Mo Yan fought after winning the Nobel Prize because he couldn’t bear it anymore.”
In December last year, a large number of advertising endorsement videos and graphic information related to "Mo Yan" appeared on the Internet. Mo Yan's name was mentioned many times, Mo Yan's photos were inserted, and Mo Yan's inscriptions related to ceramics were displayed. calligraphy works, and claimed that Mo Yan used the company’s products.
The video dubbing said: "After Teacher Mo Yan used Jade Porcelain Technology's pure ceramic health pot at home, he gave Jade Porcelain Technology a very high evaluation, and invited the company founder Dong Zhenlei to visit his home and write an inscription for him, We talk about literature and ceramics as comrades-in-arms.
Finally, Teacher Mo Yan said: After using the jade porcelain technology health-preserving pot, the cooking taste is different. It is healthy and healthy. I will never use other metal cancer-causing pots again. , I hope you can sell it all over the world to benefit the health of all mankind.”
In these videos, a photo of “Mo Yan and Dong Zhenlei” was widely used, and the man claimed to be the “World Ceramics”. "Father" and Chairman of Yuci Technology. On the day of the trial, he was not present.
This company can be found on Tianyancha. Currently, the legal representative of the company is Dong Zhongkun, while Dong Zhenlei is the executive director and major shareholder.
A well-intentioned act was taken advantage of
According to the Procuratorate Daily, this person and Mo Yan were not acquainted with each other at all. The reason why there were photos taken with Mo Yan and calligraphy inscriptions actually stemmed from what Mo Yan said. Please ask for a matchmaking request from the staff of the mailroom of the residential complex.
Due to his profession, the employee was familiar with Mo Yan’s family. Last year, he asked Mo Yan for help and mentioned Dong Zhenlei, saying that Dong Zhenlei paid the insurance premium for his wife and he had nothing to repay. He begged Mo Yan to write a calligraphy for Dong Zhenlei as his repayment to Dong Zhenlei.
Mo Yan reluctantly agreed out of a desire to help others. After hearing from the employee that Dong Zhenlei was in the ceramics business, he copied a famous Ming Dynasty poem about ceramics, "Ode to Jingdezhen Wuran Pavilion," and gave it to him. Mo Yan and Dong Zhenlei did not meet during this process.
A few days later, the employee asked Mo Yan to allow Dong Zhenlei to visit his home and sign a signed book for him.
During the meeting of just a few minutes, Dong Zhenlei eagerly requested to take a photo with Mo Yan, and took out a prepared work of Mo Yan for Mo Yan to sign. Since both of them had served in the army, Mo Yan finally signed the inscription: Presented to Dong Zhenlei. Comrades, the meeting is over.
Mo Yan never expected that his kind act would be exploited and used for profit-making.
Liu Ruzhong told reporters: "Mr. Mo Yan's name and portrait rights have extremely high commercial value due to his popularity and good social reputation.
He has never authorized Jade Ci Technology Co., Ltd. The company used his name and photos.
However, this company used Mo Yan’s name, photos and calligraphy works in the company’s promotional videos and advertisements without authorization, and published them publicly. ***It was disseminated on the Internet to confuse the public and was used to seek financial benefits. This move seriously violated Mr. Mo Yan’s right to name and portrait.”
Some elderly people were deceived and suffered heavy losses
p>What makes Mo Yan even more unbearable is that some users of jade porcelain pots in Jiujiang, Jiangxi came to Mo Yan’s family and reported that some elderly people invested hundreds of thousands in this company because they trusted Mo Yan. “As a result, even one pot was sold. If we don’t go out, we won’t be able to pull out a single person, and we will suffer heavy losses.”
Some netizens said that the business model of this enterprise is suspected of pyramid scheme operation. “It does not sell ceramic pots directly, but obtains profits by recruiting downline personnel to join the membership.”
“Claims that it costs 9,000 yuan to buy There are 9 pieces of ceramic pots and pans. The biggest gimmick is that ceramic woks have no fumes. Ceramics have strong heat insulation, and they are far away from the ignition point of cooking oil and there will be no fumes. It only costs 500 yuan at most. It is said to be a free trip to Hong Kong for two people, so don’t be fooled if you have elderly people at home.”
At the same time, because Mo Yan in the corporate video said, “The cooking tastes different after using the jade porcelain technology health pot. For health and wellness, other metal pots that cause cancer will never be used again.” This led the manufacturer of a certain iron pot brand to find Mo Yan and ask, “Why do you say our pots can cause cancer?” Such and such made Mo Yan miserable.
After searching on Weibo, we found that there are users named "Jade Ci Technology" who are active on Weibo and promote their products.
The court's first-instance verdict: Compensate Mo Yan with RMB 2.1 million
On May 30, after more than three months of litigation, the first lawsuit filed by writer Mo Yan after winning the Nobel Prize was finally settled. result.
The first-instance judgment of the People's Court of Bao'an District, Shenzhen City, Guangdong Province held that
Shenzhen Yuci Technology Co., Ltd. used Mo Yan's name and image for commercial promotion without permission, and created Mo Yan's The advertising image used to endorse the company's products infringed on Mo Yan's right to name and portrait, and he should bear corresponding legal liability.
The court ordered Shenzhen Yuci Technology Co., Ltd. to immediately stop infringement of Mo Yan's name and portrait rights, delete relevant infringement information involved in the case; publish a letter of apology on "" to apologize and eliminate the impact; and pay compensation Mo Yan suffered property losses of 2 million yuan and mental damages of 100,000 yuan.
Mo Yan’s agent, Liu Ruzhong, a lawyer at Taihota (Beijing) Law Firm, told reporters: “As far as I know, this 2 million yuan award has set a new record in celebrity personality rights dispute cases. The new high shows the judiciary’s disciplinary attitude towards this infringement.”
In response, many netizens expressed their support for Mo Yan’s rights protection! Currently, the video has been removed from Tencent Video. Netizens who have watched the video said: It’s so fake!!!