Fan Bingbing Yesterday was Women's Day, and Fan Bingbing sued a beauty company for using her portrait without permission on a promotional poster. The second trial opened in court. During the trial, the beauty company argued that the photo was hung for the purpose of being used as a curtain. Both parties expressed willingness to mediate. During yesterday's trial, the beauty company stated that they downloaded the image from a website after paying a fee. Since there was no personal information available when downloading from the website, they are now unable to confirm whether it is Fan Bingbing or not. They downloaded it because the image in the photo met the standard of beauty, and an aesthetically inclined female would feel attracted by this photo. The company claimed that the location where the photo was posted was inside the glass wall of the outpatient hall, and its purpose was for sun protection, serving a role similar to a curtain. It cannot be seen clearly from the outside, and it was not used for advertising purposes. Moreover, they only hung it for a week, and the position of the picture was not prominent, so there was no misleading of the public or reduction of her social evaluation, hence it did not constitute an infringement. Regarding this statement, Fan Bingbing's agent did not agree. This agent claimed that outsiders can see the photo very clearly, and its purpose was for promotion. The agent said that Fan Bingbing is an actress with quite a bit of fame, and the other party now uses Fan's picture and puts out advertisements on the poster, which could lead the masses to believe whether Fan Bingbing has had plastic surgery or whether she endorses this plastic surgery institution. Both parties expressed willingness to mediate, but have not yet come up with a specific mediation plan. ■ Case Review In June 2010, Fan Bingbing discovered that Beijing Medical Science Plastic Surgery and Beauty Outpatient Department Co., Ltd. Guomao Outpatient Department had hung promotional posters with her portrait, but she had never given them relevant authorization, nor had any cooperative relationship existed. In June 2010, she entrusted a lawyer to send them a letter demanding immediate cessation of infringement and compensation, but the other party never responded. To protect her right to portrait, Fan Bingbing filed a lawsuit, demanding that the other party immediately stop the infringement, pay her 1 million yuan in compensation, 2500 yuan in notary fees, and apologize. The first-instance court ruled that the beauty company should issue an apology letter to Fan Bingbing and compensate her with 50,000 yuan for mental distress. Although Fan Bingbing believed the judgment amount was too low, she did not appeal, while the beauty company appealed to the Second Intermediate People's Court. www.tssanjie.com www.sdxinzhi.com www.dxtlszg.cn www.sdlwzdl.com www.lytgcl.com www.tatskj.com www.taqsy.com www.mtjxcl.cn www.scyxq.com www.xytymm.cn www.sdxjks.cn www.tahdmm.com www.tsgfmp.cn www.lykssb.com www.sdsgsb.com www.tslrl.com www.guoshanqs.com www.tajnjx.com www.taianxinyu.com www.xthyhg.cn www.tastrq.cn www.taianhuayi.net www.sdsgsb.com www.sdxsygs.com www.ystg.cn www.taqtjxpj.com www.laiwuly.cn www.sdshengqi.com www.gthdymx.com www.sensornet.com.cn www.qdtdy.com www.yidejiancai.com www.xiangyunqs.com www.lmfscl.com www.shandongxinmingli.com www.sdtgcl.net