Beijing Artilivi Household Dress Limited Company (Beijing Artilivi) sold its “JOOHOME” brand bedding sets on its Tmall flagship store, on which it used the cartoon image “Pepper Mo” and “Pepper Bean” without authorization. Therefore, as the creator and copyright holder of the above two cartoon images, Hu Jing and Hu Ling lodged a complaint against Beijing Artilivi at Shijiangzhuang Intermediate People’s Court on July 22nd 2013. However, the defendant put forward the objections to jurisdiction in Hebei Higher People’s Court which ruled that this case should be tried in Beijing Huairou District People’s Court according to the regulations of jurisdiction. On June 20th 2014, Beijing Huairou District People’s Court sentenced that Beijing Artilivi should immediately stop producing and selling the bedding sets with the tort images, publish an apologetic statement on non-professional newspapers and magazines with nationwide circulation, and pay 60,000 yuan for economic loss and reasonable litigation expenses. Unsatisfied with the compensation amount, the plaintiff appealed to Beijing Third Intermediate People’s Court on June 7th 2014. Beijing Third Intermediate People’s Court conducted the final verdict on October 17th, increasing the compensation to 100,000 yuan.
Comment