Mr. Huang Jibao was interviewed on the legal issues of "Bing Dwen Dwen"

With the 2022 Beijing Winter Olympic Games more than half way through, the popular mascot of the Winter Olympic Games "Bing Dwen Dwen" is still "hard to find". Many skilled people choose to make their own "Bing Dwen Dwen", sell cake "Bing Dwen Dwen" and send stainless steel "Bing Dwen Dwen". Although it can alleviate the "lovesickness" of some people who love "Bingdun", there may be legal risks.

Huang Jibao, the chief lawyer of Beijing Zhihuan Law Firm, believes that although the stainless steel "Bing Dwen Dwen" is a free gift, the related enterprises have virtually improved their reputation by virtue of the image of "Bing Dwen Dwen". Such reputation is an intangible asset and valuable, and such behavior should be deemed as infringement.

                                                                          不钢筋冰墩墩

On February 15, Red Star News reporters saw at the official Olympic flagship store on Taobao that many goods around "Bing Dwen Dwen" were pre sold and delivered within 30 days after payment. According to the Beijing Daily, the flagship store of Beijing 2022 officially licensed goods in Gongmei Mansion, Wangfujing, has not been opened for on-site sales. It is expected that this week, priority will be given to customers who have registered and booked.

The supply of genuine "Bing Dwen Dwen" is less than the demand, and some businesses use their skills to make "Bing Dwen Dwen", which has also been punished by the market supervision department.

On February 11, the official website of Fuyang District People's Government of Hangzhou released a piece of information. According to the information, on February 8, the owner of a bakery in Fuyang District released a promotional advertisement about the "Bing Dwen Dwen" themed cake in the circle of friends. At noon of the same day, the market supervision and law enforcement personnel carried out a special inspection on the store and found that the store had received 5 orders, all of which were advance orders, and had not actually sold.

In view of the weak subjective intention of the bakery, the minor violation, and the initiative to eliminate the consequences of the violation, the law enforcement personnel criticized and educated the bakery, the store also promptly removed the relevant advertising links, and made a refund.

In addition to cake "Bing Dwen Dwen", some stainless steel and laser cutting related enterprises are also making stainless steel "Bing Dwen Dwen".

The reporter searched the Tiktok platform with the keyword "stainless steel Bing Dwen Dwen" and found that many enterprises can make "Bing Dwen Dwen" by themselves. A netizen asked about the price in the comment, and the enterprise replied, "Give it away if you place an order.". Another enterprise released a video with an article saying that "if you like (Bing Dwen Dwen), you can pay more attention and give it away for free".

More enterprises have printed their own enterprise name on the commodities around Bing Dwen Dwen. In the same Tiktok, there are several pictures showing the enterprise name and contact information, which are suspected of advertising by "Bing Dwen Dwen".

The laser cutting of stainless steel "Bing Dwen Dwen" requires drawings. In the comments on some videos of stainless steel "Bing Dwen Dwen", some netizens asked if they could send them a copy of the drawings, and the video author readily agreed.

　　Lawyer's point of view

Even if it is free of charge or is suspected of infringement

Huang Jibao, the chief lawyer of Beijing Zhihuan Law Firm, told Red Star News that whether it is cake "Bing Dwen Dwen" or stainless steel "Bing Dwen Dwen", if it is the same or basically the same style as the "Bing Dwen Dwen" shown in the Winter Olympics and used for profit, it should constitute infringement.

Huang Jibao introduced that if it was made by himself, held by himself, appreciated by himself, and did not give away to others, it was not a business act, did not flow into the market, and did not generate corresponding benefits. He believed that it would not constitute infringement.

As for the free gift of "Bing Dwen Dwen", Huang Jibao said that although it is free, it is still a business act and should be considered as infringement. "Although it is free of charge, in this process, relevant enterprises have taken advantage of Bing Dwen Dwen to improve their reputation. This reputation is an intangible asset and valuable." Huang Jibao said. Printing the enterprise name and telephone number on the "Bing Dwen Dwen" is also a business act and should be considered as infringement.

As for giving the drawings for making "Bing Dwen Dwen Pier" to others, Mr. Huang believed that if the drawings were designed by oneself and then given to others in order to let others produce "Bing Dwen Dwen Pier", it would constitute a joint infringement with the actual manufacturer.