Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizen Orange Baba for the clue delivery! CTOnews.com, September 20, according to the official account of Shanghai Yangpu Court, recently, Shanghai Yangpu District people's Court (hereinafter referred to as Shanghai Yangpu Court) concluded the plaintiff Dongyang noon Sunshine Film and Television Co., Ltd. (hereinafter referred to as noon Sunshine Company) v. the defendant Beijing 301 Cultural Communication Co., Ltd. (hereinafter referred to as 301 Company), Liang and other copyright infringement and unfair competition dispute. It was ruled that the defendant 301 immediately stopped the infringement and compensated the plaintiff for economic losses and reasonable expenses totaling 1.05 million yuan. At the same time, a notice was posted in the secret room store to eliminate the impact.

The plaintiff noon Sunshine Company, authorized by the author of Nirvana in Fire, has the exclusive right to adapt, film and use the novel to develop desktop games and derivatives. The defendant 301 operates the secret room game "the Power of Nirvana in Fire" in its "301 immersive Super Chamber bombardment Hall". Its story background, character name, character relationship, main storyline and so on are highly similar to the novel Nirvana in Fire. At the same time, the plaques, props and publicity content in the secret room are widely used.

After the trial, the Shanghai Yangpu Court held that the core characters of the secret room game and the novel Nirvana in Fire include Mei Changsu (Lin Shu / Su Zhe, Young Marshal of Chiyan Army), Crown Prince Xiao Jingyi and Honor King Xiao Jinghuan, forbidden Army Commander Meng Zhi and suspended Mirror Si Xiajiang. The main line of both stories is that Lin Shu, the young marshal of the Red Flame Army, changed his appearance because of the poison of the fire, incarnating Mei Changsu, the patriarch of Jiang Zuo League, and supported the prince who could help rehabilitate the unjust case to ascend the throne, and finally the case was cleared. The specific plot no longer belongs to the ideological category of "counselors assisting the prince to seize the throne", but has risen to the highly original core plot of the Nirvana in Fire novel. In the secret room game, all players earn money to recruit soldiers and look for clues around this core plot, so the plot can be protected by copyright law as an expression, and the secret room game involved constitutes an infringement on the adaptation right of the Nirvana in Fire novel.

At the same time, the evidence on record shows that the novel "Nirvana in Fire" and the TV series "Nirvana in Fire" produced by the plaintiffs have won many honors in the domestic cultural and entertainment market, and the name of "Nirvana in Fire" has been developed, utilized and publicized by the plaintiff. In the entertainment industry has a high popularity and reputation, constitute an influential trade name. The actual plaques and scroll props in the game of the accused secret room, as well as the extensive use of the "Nirvana in Fire" logo in the platforms of Dianping and Meituan, will lead consumers to mistakenly think that the secret room was opened or authorized by the plaintiff. Therefore, it also constitutes an infringement that has a certain impact on the commodity name of others.

Accordingly, the game of "the Power of Nirvana in Fire" sold by the defendant 301 Company infringes upon the copyright of the novel Nirvana in Fire, and at the same time constitutes unfair competition for the unauthorized use of other influential trade names. Considering the popularity of the novel "Nirvana in Fire" and the name of "Nirvana in Fire", the operating time, online booking and group purchase income of the game involved in the case, as well as the nature of the tort, it is decided that the defendant 301 company will compensate the plaintiff for economic losses of 1 million yuan. and combined with the actual expenses for safeguarding the rights of the plaintiff, the degree of difficulty of the case, the workload of lawyers, etc., to support the full amount of reasonable fees claimed by the plaintiff. During the period when the plaintiff claimed damages, the defendant Liang, as the sole shareholder of the defendant 301 Company, used his personal account to bear the income and expenses of the secret room operation, because he failed to prove that the company's property was independent of his personal property, therefore, he shall be jointly and severally liable for the above-mentioned compensation obligations.

CTOnews.com learned that neither party appealed after the verdict and the case is now valid.

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