Does Shoe Enterprise Quote Jeremy Lin To Do Network Propaganda Tort?
In the past week, whether in the US or in China, NBA player Jeremy Lin has undoubtedly become the warmest person in the street. It is reported that in Manhattan sporting goods shop, has not been able to find. Jeremy Lin Anything, because all the goods are shipped. In China, smart Internet operators have long seen the huge opportunities brought by "Lin crazy craze", "Jeremy Lin Jersey" and "Jeremy Lin". Basketball shoes "Lin crazy hot, natural ice, waxy jade jade beads bracelet"... A series of "Jeremy Lin" goods are on the shelves.
Nicks No. 17 Jersey Most popular
Five wonderful games, let Jeremy Lin overnight become the focus of global attention. The local media in the United States described people's pursuit of Lin as "forest craze". It is reported that in the sporting goods shop in Manhattan, there is no way to find anything on Jeremy Lin's shelves, because all goods, including jerseys and T-shirts, are on the way to delivery.
In China, smart Internet dealers have long seen the huge opportunities brought by "Lin crazy craze". They, like the processed "Spring Festival Gala derivatives", put the "Jeremy Lin" label on every relevant commodity, even if they are only related to each other.
"Jeremy Lin is making a quick booking with the T-shirt," "Jeremy Lin's jersey is limited, first beat first," and "Jeremy Lin's boots are being killed". Open Taobao, search "Jeremy Lin", suddenly appeared a variety of products, only by the large category, the related commodities involved 58 categories, a total of 2664 pieces of treasure.
The website is to set "Jeremy Lin T-shirt", "Jeremy Lin sweater", "Jeremy Lin Jersey", "Jeremy Lin basketball shoes" and so on to set up search keywords for buyers to find. Many netizens exclaimed, "Lin storm" has swept the internet shop. Reporters found that in many derivatives, Jeremy Lin wore the Nicks 17 Jersey, which became a hot spot for buyers. The price ranged from 20 yuan to 2300 yuan. Surprisingly, despite the fact that fans are mostly in the booking stage, there is still a "sell out" phenomenon. "The first round of the sale is over, and the first order is sold out because of the hot sales." In a fan Athletic Wear In the sales shop, the shopkeeper posted a large notice. According to the seller, although the first order has been sold out, but still can not stop consumers shopping enthusiasm, from 13 so far, the store received more than 300 orders, the second batch of delivery time had to be postponed to the end of the month.
Unrelated commodities also "Lam crazy hot".
Basketball clothing, sporting goods, men's shoes and all kinds of DIY custom made products become the "Jeremy Lin series" derived commodities, which is expected. But reporter search found that in the 58 categories related to "Jeremy Lin", besides the above commodities, including home space, health care massage equipment, U disk, and even automotive supplies, etc., they also labeled "Jeremy Lin". Among them, a brand with "Lin" character, in order to allow goods to hook up with Jeremy Lin, the title was changed to "Jeremy Lin facial cleanser * Tong Lin Lin x Bai Cao cleansing milk".
Even more netizens can not help but feel that some women's clothing, women's shoes, women's jewelry, and so on, actually also "Jeremy Lin" as a gold weapon. In these women's products, most shopkeepers use the title of "Jeremy Lin recommendation", "Jeremy Lin's favorite" and "Jeremy Lin's girlfriend recommendation" as the title. However, some products can hardly find any reference to Jeremy Lin in details.
In the face of reporters' enquiries, a seller who runs canvas shoes shyly explains that "our online shop has just started business, and it is difficult to stand out from the tens of thousands of online stores only by selling at low prices." In order to attract consumers' attention, we have to take out the hottest Jeremy Lin as a sign to increase our browsing and attract customers. Reporters found in this store that the words "Jeremy Lin girlfriend" have certain effect. Although the sale of goods is not much, but the amount of browsing has obviously improved. {page_break}
Is it right to quote celebrities for publicity?
Reporters found that celebrities and news hotspots in the online shop sales have been common as the keywords in the headlines. Apart from Jeremy Lin, Yao Ming, Guo Jingjing, Liu Xiang and other athletes as a gimmick can also search for thousands of items, especially those related to the Laker players Kobe, which are more influential in China, up to 81471 pieces, covering 68 categories. These products include genuine products registered with celebrities, fake products, and costumes, jewelry, commemorative badges and so on.
The legal profession said: "clothing for celebrities, if it is original design, is copyrighted, and the practices of some shops or suspected piracy". Then, some businesses use celebrities' names and photos to publicize their products, do they also cause infringement?
Wang Jinglin, a lawyer of Hebei Jihua law firm, said that the 100th article of the general principles of civil law also stipulates that infringing the right to portrait must meet two conditions. First, the right of the right of portrait is not granted, and two is for profit. Obviously, some online stores have introduced Jeremy Lin's photos as details of commodities, which in fact constitute infringement on the right of the parties to portrait. "Without the consent of a famous person, it is a kind of fraud for a consumer to name the product without authorization." Once the quality problem arises, it may reduce some consumers' evaluation of celebrities, which is also a violation of the nominal rights of celebrities. Wang Jinglin said.
Related reports
Jeremy Lin is also a gold mine.
Since last week, the basketball storm caused by Chinese American player Jeremy Lin has attracted worldwide attention. While its value is soaring, the huge commercial value behind it is yet to be discovered.
Within 10 days of Jeremy Lin's winning streak, his Twitter fans increased dozens of times, Baidu encyclopedia hits more than 4 million 400 thousand times, the ratings of the US Nicks competition soared 66%, Madison garden's share price of Jeremy Lin's team rose 10.23% in 10 days, and Jeremy Lin's sponsor Nike shares also rose 1.7%. According to Forbes magazine, Jeremy Lin's current personal market value has soared to around $14 million. At present, domestic and foreign sports brands including NIKE and PEAK have begun to compete with Jeremy Lin's advertising endorsement. Public information shows that Yao Ming's annual income from 2007 to 2010 reached 27 million 450 thousand, 31 million 760 thousand, 33 million 70 thousand, and 34 million 370 thousand dollars respectively, of which the average annual business income was about 18 million US dollars. There is a correlation analysis that Jeremy Lin's business income in the coming year is about 12 million dollars, which is very close to Jeremy Lin's brand value announced by Forbes.
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