Recently, Beijing Higher People's Court made a final decision which affirmed the decision of Beijing No.2 Intermediate People's Court and rejected the appeal from Astro Boy Sports Company (hereinafter as “AB Sports”).
The famous comic character “Astro Boy” was created in 1951 by Japanese comic artist Tezuka Osamu. In 1989, the copyright of “Astro Boy” was inherited to Tezuka Osamu's wife, and was then assigned to Tezuka Co. In 2006, Tezuca Co. applied the registration of Astro Boy's image in China.
AB Sports was founded by Quanzhou Feike Sports Co., LTD. in 2000, mainly manufacturing children's shoes and clothes. AB Sports obtained the registration of No. 232855 trademark “Astro Boy and Device” in China by assignment. In addition, the trademark was recognized as China's well-known trademark in 2008. AB Sports used the image of “Astro Boy” for advertising frequently, which were similar to the copyrighted work of Tezuca Co's.
In 2013Tezuca Co. filed a lawsuit against AB Sports before Beijing No.2 Intermediate People's Court for copyright infringement.
After examination, the court held that AB Sports'used Astro Boy's image for commercial purpose without authorization infringed Tezuca Co.'s rights of reproduction and distribution, its copyright of information network and its rights of remuneration.
Based on the facts above, the court made the decision that AB Sports should cease infringement immediately and pay Tezuca Co. 210,000 RMB for economic losses and for other reasonable expenses. AB Sports then appealed the case before Beijing Higher People's Court, but was rejected.
