Published on ShanghaiDaily.com (http://www.shanghaidaily.com/)
http://www.shanghaidaily.com/sp/article/2008/200806/20080620/article_363901.htm
TV star demands compensation in commercial row
Created: 2008-6-20 0:47:34
Author:Angela Xu
CCTV anchorwoman and composer Ju Wenpei is seeking compensation of more than 2 million yuan (US$290,791) from Kweichow Moutai Co Ltd and its advertisement agency for using her image without authorization.
The Putuo District People's Court heard the case yesterday without announcing a verdict.
Kweichow Moutai and Shanghai Hengchang Advertising Co Ltd were also asked to publicly apologize on the TV stations that screened the ad.
Ju, 33, from Chongqing Municipality, worked as hostess for a series of programs produced by many TV stations, including CCTV-6.
She has also written music and played roles in more than 10 films and TV series.
She signed a three-year contract with Hengchang on January 9, 2001 to perform as the actress for an advertisement for Moutai Prince liquor.
When the contract expired in January 2004, Ju alleged the ad continued to be broadcast on some TV channels until March 2005 without her permission.
After out-of-court negotiations between the two companies failed, Ju decided to file a lawsuit with a Chongqing court in August 2005.
But when defendants raised objections against the Chongqing court's jurisdiction to preside over the case, the matter was transferred to the Putuo court.
"The defendants have lost the right to use my image since they didn't extend the contract," Ju alleged in the lawsuit.
The plaintiff based the compensation claim on the quick increase of sales of Kweichow Moutai.
Sales of Moutai Prince liquor increased by 26.9 percent year-on-year in 2004 and Kweichow Moutai achieved a sales volume of 3.34 billion yuan during the year the ad was broadcast, according to her evidence.
The defendants said the compensation amount was exaggerated.
The payment for the three-year contract was just 60,000 yuan.
They argued it was impossible to prove the high sales increase was a direct result of the influence of Ju's ad. They said the videos the plaintiff provided about the ad being shown on individual days did not prove the ad was broadcast during the entire period from January 2004 to March 2005.
The Putuo District People's Court heard the case yesterday without announcing a verdict.
Kweichow Moutai and Shanghai Hengchang Advertising Co Ltd were also asked to publicly apologize on the TV stations that screened the ad.
Ju, 33, from Chongqing Municipality, worked as hostess for a series of programs produced by many TV stations, including CCTV-6.
She has also written music and played roles in more than 10 films and TV series.
She signed a three-year contract with Hengchang on January 9, 2001 to perform as the actress for an advertisement for Moutai Prince liquor.
When the contract expired in January 2004, Ju alleged the ad continued to be broadcast on some TV channels until March 2005 without her permission.
After out-of-court negotiations between the two companies failed, Ju decided to file a lawsuit with a Chongqing court in August 2005.
But when defendants raised objections against the Chongqing court's jurisdiction to preside over the case, the matter was transferred to the Putuo court.
"The defendants have lost the right to use my image since they didn't extend the contract," Ju alleged in the lawsuit.
The plaintiff based the compensation claim on the quick increase of sales of Kweichow Moutai.
Sales of Moutai Prince liquor increased by 26.9 percent year-on-year in 2004 and Kweichow Moutai achieved a sales volume of 3.34 billion yuan during the year the ad was broadcast, according to her evidence.
The defendants said the compensation amount was exaggerated.
The payment for the three-year contract was just 60,000 yuan.
They argued it was impossible to prove the high sales increase was a direct result of the influence of Ju's ad. They said the videos the plaintiff provided about the ad being shown on individual days did not prove the ad was broadcast during the entire period from January 2004 to March 2005.
Copyright © 2001-2009 Shanghai Daily Publishing House