Just when Dongfang Selection and Dong Yuhui related topics dominated the Internet, some high-imitation accounts also became popular.
On the morning of December 18, a project calledThe Douyin account of "Western Selection" became popular on the Internet, and in the account's ** live broadcast, a male anchor who looked like Dong Yuhui appeared. 
The account posted two ** on the 17th, the content of which is the male anchor's monologue in the snow: "It doesn't matter if you are a late bloomer, or if you can't reach the top of the mountain, we are all ordinary people, only to move forward and not look back";"If he is drenched in snow together, he will be white-headed in this life." These texts are all poems that Dong Yuhui has read in the past or in the live broadcast. Netizens ridiculed the anchor as "Dong Xuehui".
At 10 o'clock in the evening of the 17th, "Western Selection" started its first live broadcast, and the data showed thatThe number of people in the live broadcast room once exceeded 40,000.
Currently, the account has been banned and is no longer searchable on Douyin.
Regarding the account of "Western Selection", the relevant person in charge of Douyin saidThe account is involved in counterfeiting and improper popularity, and the platform has banned the account, withdrawn the live broadcast permission, erased the improper acquisition of fans, and canceled its profit-making permission.
However, the "Western Selection" party does not agree with the "counterfeiting" statement referred to by the relevant person in charge of Douyin. On the morning of the 18th, "Western Selection" released the first dynamic on Weibo, saying that it is sinful to look like a face, and our team has creative ideas, not stealing, not robbing, not cheating, and it has become a ...... of sin”
The person in charge of the "Western Selection" live broadcast room also publicly statedI have checked that the trademark "Western Selection" has not been registered, and I do not think that there is any infringement. At present, it has applied for the trademark of the "Western Selection" account, and it is expected to come down tomorrow. After 3 days of preparation for the start of the broadcast, the anchor was found temporarily, because he looked like Dong Yuhui, and he thought of an idea temporarily. At present, live streaming will not be considered in the short term.
The controversy behind the ban on "Western Selection".
The whale platform noticed that for the "Western Selection" was blocked,There are two voices in the comment area, one voice believes that copycats should be cracked down, and the other voice believes that "law enforcement should look at specific rules and objective facts, rather than speculating on intentions" and "as long as the trademark right is well protected, why not?".Isn't part of the fortune of those small businesses just the popularity of large enterprises?”
At the same time, the whale platform found that there are a large number of "celebrity high imitation numbers" on the Douyin platform, and they have achieved profitability through commercial activities.
For example, he relied on the appearance of Lu Han who was very similar to the difficult starFormer ESO core member Ling Dale (Luha).During the live broadcast, he revealed that he earned 5 million yuan a month, and he earned 35 million yuan for 7 months with goods. In the live broadcast, Ling Dale also revealed that he had purchased a luxury house of 11 million, a luxury car of 2.77 million, and an office building of more than 6 million.
The veracity of Ling Dale's remarks is unknown, howeverIt is a fact that a large number of celebrities with high imitation accounts conduct commercial activities on Douyin. Feigua data shows that Ling Dale has broadcast 16 live broadcasts in 30 days, with sales of about 10 million to 25 million yuan. The peak popularity of its live broadcast is almost 100,000 plus, and there are 20 at the peak70,000 people watched its live broadcast at the same time.
In fact, there are also members of the ESO team, such as "Wang Erbo", "Yi Yang Dry Cleaning", and "Huang Zicheng". The parody covers entertainers from different groups such as EXO, TFBOYS, etc.
At that time, some people questioned one after another - is this really not an infringement?
This kind of phenomenon has caused some people to wonder -What are the boundaries of using "hot spots" to conduct business activities on Internet platforms?Why can some people do it and some people can't?
Whale Platform interviewed lawyer Ye Ping, senior partner of Shanghai Co-effort Law Firm and legal consulting expert of Shanghai Association for Science and Technology, and combined the views of many experts to popularize science on this issue.
The reasons for the closure of the "Western Selection" and the risks.
Regarding the reasons for the closure of "Western Selection" and considering the risks behind it, lawyer Ye said that "Western Selection" has a high degree of similarity with Dongfang Selection and Dong Yuhui in terms of its name, the appearance of its anchor and the content of its works, etc., and it is inevitable that it will be suspected of clinging to "Oriental Selection" and Dong Yuhui's popularity and influence. Whether there is a possibility of infringement in the "Western Selection" should be analyzed according to the actual situation.
Paragraph 2 of Article 6 of the Anti-Unfair Competition Law of the People's Republic of China stipulates that business operators shall not use the names of enterprises (including abbreviations, trade names, etc.), names of social organizations (including abbreviations, etc.), names (including pen names, stage names, translated names, etc.) of others without authorization, leading people to mistakenly believe that they are the goods of others or have a specific connection with others.
If "Western Selection" subsequently uses the ID account and the anchor who collided with Dong Yuhui to carry out live broadcasts for the purpose of seeking commercial interests, evenSome consumers with weak discernment skills are likely to mistake "Western Selection" for "Oriental Selection" and place an order. If it takes advantage of the popularity and influence of Dongfang Selection and Dong Yuhui, it may cause consumers to mistakenly believe that there is a specific connection between "Western Selection" and Dongfang Selection, which may constitute unfair competition.
In addition, it is aimed at Dong Yuhui's personal imitation,As a public figure, the protection of Dong Yuhui's personality rights will be restricted to a certain extent, and as a public figure, he should have a certain obligation to tolerate this. However, if the imitation of the "Western Selection" anchor slanders, insults or scandalizes Dong Yuhui's image, it may also be suspected of infringing Dong Yuhui's right to reputation.
According to paragraph 1 of Article 1024 of the Civil Code, "civil subjects enjoy the right to reputation. No organization or individual may infringe upon the right to reputation of others by means such as insult or slander. and Article 1027 of the Civil Code, "Where a literary or artistic work published by an actor depicts real people or specific people, contains insulting or defamatory content, and infringes upon the right to reputation of others, the victim has the right to request that the actor bear civil liability in accordance with law." ”
Why can some "star high imitation numbers" survive?
Regarding the survival of "Luha" and other high imitation numbers, Ye Ping believes that there are two main reasons:
One is that the purpose of such copycats is usually not to confuse consumersFor example, this kind of bloggers, such bloggers will generally clearly indicate their imitative identity, and we the public also understand that they have no relationship with celebrities, but just use this to attract people's attention. The second is that these imitators generally use the popularity of celebrities to attract public attention, but they do not denigrate, insult or scandalize the image of celebrities, andThe celebrity himself has not pursued this situation legally. According to Ye Ping's explanation, the works in China's "Copyright Law" refer to intellectual achievements in the fields of literature, art and science that are original and can be expressed in a certain form, including written works, oral works, drama, opera, dance, acrobatic art works and so on. If Dong Yuhui's original copy is original and expressed in the form of words, and is a literary work protected by the Copyright Law, that is, the premise is that Dong Yuhui's original copy belongs to the object protected by China's Copyright Law, then the unauthorized use of Dong Yuhui's original copy by "Western Selection" may infringe Dong Yuhui's copyright. However, if the "Western Selection" uses poems created by ancient literati in China, etc., and is not original to Dong Yuhui, because ancient poems are literary works in the public domain, it will not constitute an infringement of the poetry copy.
What is the boundary of "rubbing hot spots"?
Finally, lawyer Ye Ping said that when there is a hot spot in the society, the behavior of "rubbing the hot spot" must be carried out within a reasonable range, for example, it can be exemplary within the scope of self-entertainment, butThere shall be no acts of insulting or slandering the image of the object being imitated, and it shall not be used for commercial purposes, while "rubbing hot spots", it shall comply with relevant laws and regulationsDo not engage in acts that mislead consumers and unfair competition, and do not infringe on the legitimate rights of others, including trademark rights and copyrightsOtherwise, they will face civil compensation up to administrative or criminal penalties.