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BEIJING, Dec. 30 -- Nike just did it, a court has
found.
As in infringing on a cartoon stickman character
created by a 28-year-old Chinese cartoon creator.
The goliath sportswear firm was ordered by a Beijing-based court yesterday to pay Zhu Zhiqiang 300,000 yuan ($36,000) for a stickman television ad that Nike broadcast in Beijing
last year.
Zhang Zaiping, a Nike representative, told China
Daily yesterday Nike disagrees with the court's decision.
"We will most probably appeal to a higher court," he
said.
Meanwhile, Zhu told China Daily he is satisfied with
the judgment although the compensation he will receive is less than the 2
million yuan (US$242,000)he had requested.
"I got what I wanted -- confirmation on my copyright
over my stickman," he said yesterday.
But Zhang said "T Zhu's stickman figure is within the
public domain and lacks originality. Thus, it should not be protected by
copyright law at all."
According to Nike's representative,Nike did not
pirate the logo from the young Chinese, but paid 25 million yuan (US$3 million)
for the ad.
"It was created by the famous advertising company
Wieden and Kennedy," Zhang said.
But according to the court, "ahead of the completion
of the cartoon character of the stickman by Zhu in 2000, there was no such
artistic work in China. So the character was original and should be protected by
Chinese laws."
The court decided the characteristics of the stickman
used in advertisement by Nike was nearly the same as Zhu's stickman.
"Nike used images similar to the plaintiff's work in
its advertisement without receiving authorization from the plaintiff, resulting
in copyright infringement."
The court also required Nike to stop such
infringement behaviour in the future and to issue a public apology to Zhu.
Enditem
(Source: China Daily)
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