Original title: "horse riding pole" original singing by the same name military singers sue the name right second instance dismissed
Legal Evening News, opinion news (reporter Zhao Jiaqi correspondent He Yue) "the man who sets a horse is mighty and mighty, and the galloping horse is like a strong wind." The song "horse pole" exploded the red network in 2010, and recently, its singer Wulantuoya was sentenced by a military singer of the same name to prosecute the second instance of the infringement of the right of name, and the Beijing central court rejected the request.
The original singing of the art name "bump shirt" and "horse riding pole" was complained.
The plaintiff is a Mongolian military singer Wulantuoya, who has been singing in the army for a long time and has joined the army in theatrical performances. Wulantuoya, a military singer, said Wulantuoya, the singer, used his name, used his name, misappropriated, used his name, infringed his name, and asked the court to stop using his name and apologize, and compensate the economic loss of RMB 1 yuan, and compensate for the loss of the mental loss of RMB 1 yuan. The cost of hiring a lawyer is 1 yuan.
The defendant used to sing Wulantuoya for "horse riding pole", which was named Wang Lina and Mongolian. After Wang Lina signed a new moon brokerage company in 2007, the company took the name "Wulantuoya" for it, and was known to the public by singing the song "horse pole". After that, Wang Lina changed his name to "Wulantuoya" in the public security bureau where his domicile was located.
In September 13, 2016, crescent brokerage publicly issued a letter of statement that the only legal performer of "Wulantuoya" as "Wulantuoya" was the only legal performer of the musical works of "horse pole". Wulantuoya, a military singer, was not a singer of the horse pole, and did not have the right to sing "horse pole".
After the trial, the first instance court held that the plaintiff was named Wulantuoya, and the "military singer Wulantuoya" lived; the accused was named Wang Lina, "Wulantuoya of the prairie singer", and the two people were different from the beginning. After the defendant took "Wulantuoya" as the name of the art name, the defendant was recognized by the public for singing "horse pole". The art name combined with his work as a marking symbol distinguished from others and produced considerable commercial value. The defendant has the right to use the art name for business activities and gain the corresponding benefits. At the same time, the defendant also has the right to decide and change the right of name according to law. Now the name of the defendant is known to the public because of the song "horse horse", so it is no wrong to formally rename it as "Wulantuoya".
On the other hand, the defendants and their brokerage firms have timely clarified the differences between the two people and not the same person through the media. Therefore, the defendant does not have the misuse and mislead the public to produce confusion, and does not constitute a counterfeit of the name of the plaintiff. Therefore, the court of first instance did not support the plaintiff's request for an apology and compensation for damages.
After the first trial, the plaintiff appealed to the Beijing central court. It believed that the defendant had not marked "the name of Wang Lina" nor "the name of the artist Wulantuoya" when the defendant was publicizing. It caused the public to produce Wang Lina as the plaintiff in the singing industry, and had constituted a violation of his name.
Court: no embezzlement or double trial is dismissed.
After the trial of Beijing a central courtyard, according to the infringement of the right to name, the appellant Wulantuoya, as a national singer, has the right to choose to use the name of the artist or to register the name of the performance.
"Wulantuoya" as a name with national characteristics, the name itself is not specific or special; modern information society, public awareness of the popularity of the actor, the level of interpretation, more is based on the recognition of the actor's art works itself, rather than the same or similar name.
Although the two sides of the case belong to the singing field, the art deductive works are different. They are different titles of "military singers" and "prairie singers" respectively. According to their respective channels of deduction and the way that I participate publicly, they do not have the behavior of embezzlement or impersonation of others' names.
Wulantuoya, the appellant, changed his original name, Wang Lina, to Wulantuoya in the lawsuit. It was verified by the court of first instance, that the change was registered after the examination by the Executive Office of the household registration authority. The confirmation of the validity of the change was the scope of the examination of the administrative act, in view of the appellant Wulantuoya's prior to the lawsuit During the activities such as performances, personal solo albums and other activities, Wulantuoya has always been used as an actor's name, so it is not illegal to use other people's names.
Accordingly, the Beijing intermediate people's court dismissed the appeal and upheld the original judgment.
Editor in responsibility: Zhang Yu
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