The court has ruled!, Hero of Collecting Wealth in the Name of Lei Feng | Lei Feng | Court
On August 2nd, the Supreme People's Court released a typical case of people's courts practicing socialist core values with fairness and efficiency. Among them, the case of the People's Procuratorate of Shangcheng District, Hangzhou, suing a network technology company in Hangzhou for the protection of heroic martyrs in a civil public interest lawsuit has attracted attention.
Hangzhou Network Technology Co., Ltd. is building an information intermediary and resource sharing platform for its members. The paid members are called "Lei Feng Members", the platform providing services is called "Lei Feng Community", the WeChat public registered and operated by them is called "Lei Feng Brother", and the propaganda posters and articles with the words "Lei Feng Member", "Lei Feng Community", "Lei Feng Bookshelf" and "Lei Feng Resources" are published on the WeChat official account, and the text logo "Lei Feng Community" is hung at the company's residence, and the annual fees are charged according to the level.
According to the article on "Brother Lei Feng"'s WeChat official account, its WeChat official account has "300000+" fans and "Lei Feng Community" has more than 10000 members. The company has held several commercial activities under the name of "Lei Feng Community", including "Entrepreneurship Canton Fair", "E-commerce Supply Chain Conference", and "Global Cloud Selection Matchmaking Conference". The company also charges customers over 300000 yuan in fees under the categories of "Lei Feng Community Membership Fee," "Lei Feng Community Promotion Fee," and "Lei Feng Community Annual Meeting Participation Fee.".
The People's Procuratorate of Shangcheng District, Hangzhou City has filed a public interest lawsuit, requesting that a certain network technology Co., Ltd. in Hangzhou stop promoting under the name of Lei Feng in its business projects, and apologize for using Lei Feng's name in provincial-level media in Zhejiang Province.
The Hangzhou Internet Court held that the use of the name of Comrade Lei Feng by a Hangzhou Internet Technology Co., Ltd. was a commercial act, which infringed on the personal interests of Comrade Lei Feng, misinterpreted the true spirit of Lei Feng, damaged the social and public interests, violated the core socialist values, and should bear legal responsibility according to law. The court ruled that a certain network technology company in Hangzhou should stop using Comrade Lei Feng's name and issue a statement of apology to the public in provincial-level newspapers in Zhejiang Province.
It is reported that the deeds and spirit of heroes are the common historical memory and spiritual wealth of the Chinese nation. Comrade Lei Feng's name, as an important personal interest, should be protected. Article 22 of the Law on the Protection of Heroes and Martyrs stipulates: "No organization or individual shall use the names and portraits of heroes and martyrs for trademarks or commercial advertisements, or in any disguised form, to damage the reputation and honor of heroes and martyrs."
The character "Lei Feng" used by a certain network technology company in Hangzhou has a specific meaning and is indeed a widely recognized hero name among the public. For commercial purposes, a network technology company in Hangzhou used "Lei Feng Community" and "Lei Feng Member" in the "Lei Feng Brother" WeChat official account to publicize the slogan "Lei Feng Spirit of resource sharing, mutual help and mutual assistance". Knowing that the name of the hero has a specific meaning, it still used it for business organizations and business activities without authorization, which infringed on the hero's personality interests and actually misinterpreted the Lei Feng spirit widely recognized by the public.