Thursday, June 28, 2012

Fan Bingbing sues the last instance of case of encroachment of reputation of the hospital Conciliated gold by 100 000 yuan of compensation

Fan Bingbing sues the last instance of case of encroachment of reputation of the hospital Conciliated gold by 100,000 yuan of compensation
Performer Fan Bingbing indicts the contemporary woman's hospital of Beijing and releases the advertisement of accepting the plastic surgery in its name without authorization, angstrom is left definitely this day the past of dispute case of right of reputation receiving much concern. The final judgement of Beijing No.2 Intermediate People' s Court, rejects the contemporary woman's hospital appeal, maintain the judgement that first instance will be made of December of 2008 of people's court of Dongcheng District: Require the contemporary woman's hospital of Beijing to stop infringing to Fan Bingbing's reputation, cancels in their webpages, publish, apologize, declare, compensate Fan Bingbing for spirit, damage, conciliate 100,000 of King.
Reason of case this get up, will it be September 2007, Fan Bingbing find contemporary the intersection of woman and " Fan Bingbing accept the plastic surgery very much devote summer vacation time " that hospital release in one hundred relevant page of news Advertising characters,it is can last Beijing woman hospital webpages contemporary not to last this advertisement. Fan Bingbing says, she has never authorized this hospital to release the advertisement of any kind in one's own name, also never accepted the plastic surgery in this hospital. This hospital is in order to seek the commercial interest, utilize its special influence as performer, fabricate its false situation that accepts the plastic surgery on Internet without authorization, pay and accept the plastic surgery the false propaganda of medical advertisement, its public profile of the serious injury, have infringed its right of reputation.In the case is tried, the contemporary woman's hospital debates and claims, " Fan Bingbing " in its advertisement It is the woman of this Hebei, customer of hospital Fan Bingbing, the contemporary woman's hospital has also referred to evidences such as identification of the household register, image spokesman's agreement, photo before and after having a facelift of Fan Bingbing of woman of Hebei,etc., mention while explaining its website " Fan Bingbing " It is a woman but not performer Fan Bingbing of this Hebei.And the court inquires when this woman could testify, the hospital is not a case party with this woman, it disagrees with testifying in order to be refused in person.After court's judgement of first instance, the contemporary woman's hospital refuses to obey, appeal to two intermediate courts, demand to cancel the original sentence, reject Fan Bingbing's claims.Two intermediate courts think, Fan Bingbing belongs to the public personages through trying. The contemporary woman's hospital releases the advertisement of accepting the plastic surgery in the network in the name of Fan Bingbing, and Israel on the webpage of this hospital " Would you like to become Fan Bingbing " Reprint an article regarding Fan Bingbing has really done the face-lift for the question, add Fan Bingbing's photo. For have a look around the public of content this come, say, will " Fan Bingbing " in the these advertisement naturally Understand the performer that knows very well for them, but not and Fan Bingbing and other non- public personages of the name.Two intermediate courts still think, though this hospital debates and weighs " Fan Bingbing " in the advertisement It is a woman of Hebei, but because this woman is unwilling to appear in court to explain the situation, enough evidence does not prove in its advertisement in the hospital " Fan Bingbing " It is this woman. According to the stated hospital, time is from April of 2008 to May that this woman accepts the plastic surgery in the contemporary woman's hospital, and the hospital releases the advertisement involved in the case in the network as far back as September of 2007. As everyone knows, it has had greater risk and unsafety that the face has had a facelift, the hospital has released the exploitation under not seeing the situation of the final result of having a facelift, do not conform with the operation law of the commercial advertisement. It is obvious, the hospital " Fan Bingbing " in the advertisement about this The explaination of the woman of Hebei is incredible, its opinion can't be tenable.The court asserts finally, the contemporary woman's hospital is profit-making, without Fan Bingbing's consent, utilize its celebrity's effect to propagate the facelift project of the hospital, make the public produce the erroneous judgement that Fan Bingbing has accepted the plastic surgery, have damaged Fan Bingbing's public profile, has reduced Fan Bingbing's social assessment, form encroaching on to its right of reputation. (reporter Li JingHua)
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