Recently, an automotive blogger exposed a complaint notice from Ideal Car addressed to a certain platform on the internet.
The notice points out that on March 2, 2024, users such as "成熟小猫" on the Today's Headlines platform maliciously edited Ideal Car's new model, the MEGA, superimposing words like "hearse" and "new energy funeral car" onto the vehicle's body, seriously undermining Ideal Car's product image and brand reputation, thereby infringing on Ideal Car's reputation. Ideal Car demands that the relevant content on Today's Headlines platform be deleted and addressed accordingly.
Reporting: Ideal Complaints About Maliciously Edited Images by Netizens
According to Red Star News, as of 10:00 AM on March 4th, the links mentioned in the notification letter were no longer accessible. In the afternoon of March 4th, Red Star News journalists verified with Ideal Motors the authenticity of the aforementioned notification letter. "The letter was indeed sent by us to some media," Ideal Motors confirmed. They further stated that the netizen who posted the notification letter has changed their account name, making it difficult to find relevant information, but they are currently working to resolve the issue.
Regarding the issue of maliciously edited images or intentionally distorting product intent, and whether it constitutes infringement against Ideal Motors, along with the legal responsibilities involved, Red Star News consulted with several lawyers.
Zhao Liangshan, Senior Partner at Shaanxi Hengda Law Firm and a renowned public interest lawyer, believes that the reputation of a corporate legal entity is crucial to its credibility and constitutes a significant intangible asset, impacting its production, operation, and economic performance. "In this case, manipulating images of branded products with malicious intent and creating misleading or derogatory images may lead the public to mistakenly believe that Ideal MEGA is a hearse, thus diminishing the social influence and commercial value of Ideal Motors' brand."
Zhao points out that such actions infringe upon Ideal Motors' reputation. According to the Civil Code, civil subjects enjoy the right to reputation. No organization or individual may infringe upon the reputation of others through insults, defamation, etc. Reputation refers to the social evaluation of a civil subject's character, reputation, talent, and credibility.
Lawyer Fu Jian, Director of Henan Zejin Law Firm, highlights that maliciously edited images, especially those targeting commercial brand products, often involve infringement of intellectual property rights. Even if users intend humor or satire, it still constitutes an act of infringement and requires corresponding legal responsibilities. Promotional images of branded products are typically protected by copyright law. Unauthorized modification or dissemination of these images by manipulating them constitutes an infringement of the original work's copyright.
Fu explains that according to relevant provisions of copyright law, individuals or organizations infringing copyright bear corresponding civil liabilities, such as public apologies, compensation for losses, cessation of infringement, etc. In addition to copyright issues, maliciously edited images may also involve false advertising and misleading consumer behavior. If such images lead the public to misunderstand the product's purpose, it could result in consumer losses.
Some netizens raised questions about whether malicious modifications to the physical vehicles by owners of Ideal cars would also harm the brand image. Lawyer Zhao clarified that modifications must first be registered and permitted by relevant authorities. Article 16 of China's "Motor Vehicle Registration Regulations" explicitly states that if a registered motor vehicle undergoes changes such as altering its color, replacing the engine, or changing the body or chassis, the vehicle owner must apply for registration changes with the local vehicle management office. "Conversely, unauthorized modifications without registration and containing insulting or morally objectionable content may constitute illegal acts. In such cases, the relevant brands can also seek legal remedies," Zhao elaborated.
Reported by Red Star News Journalist Cai Xiaoyi and Intern Zhou Song Edited by Guo Yu, Supervised by Deng Peiguang
