May 31, 2010
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Leng v. A Health Product Company — The Photo of An Employee Printed on the Pamphlet as “TCM Doctor” (Dispute over Injury of the Right of Reputation and the Right of Portrait)
冷某与保健品公司肖像权纠纷案——员工照片被印上宣传册成“老中医” 法院:公司侵犯肖像权应赔偿
  • Legal document: Judgment
  • Procedural status: Trial at First Instance
Leng v. A Health Product Company (Dispute over Injury of the Right of Reputation and the Right of Portrait) — The Photo of An Employee Printed on the Pamphlet as “TCM Doctor” 冷某与保健品公司肖像权纠纷案——员工照片被印上宣传册成“老中医” 法院:公司侵犯肖像权应赔偿
Ms. Leng was recruited by a health product company responsible for recommending and selling health products to customers. Unexpectedly, soon after she entered the company, the company printed her photo on a pamphlet and indicated her as a TCM doctor. This infuriated Ms. Leng, who had never obtained a doctor qualification. She required the company to stop the distribution of the pamphlet for many times, but her efforts ended fruitlessly. Recently, Huangpu District People's Court of Shanghai made a ruling that the company shall make a written apology, immediately stop the infringement and compensate RMB 2000 yuan for the infringement of right of portrait. 冷女士应聘成为一家保健品公司的员工负责向顾客推销保健品,不料入职后不久公司竟将其照片印成了宣传册,并标注为“老中医”。这让从未有过行医资质的冷女士颇为气愤,她多次要求单位停止发行该宣传册但都无济于事。近日,黄浦区法院作出判决,保健品公司因侵犯肖像权,被判向冷女士作出书面道歉,立即停止侵害并赔偿2000元。
...... 【案情回放】

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