Chinese blogger is suing condom manufacturer Durex after the company allegedly copied content from one of her posts without giving attribution, Bandao.com reported.

The blogger, who goes by the nickname "Labixiaoqiu," is asking Durex for 1 yuan and 100 boxes of Jissbon condoms, made by Durex's chief competitor in China, to compensate for her emotional distress.

She previously wrote on her Weibo: "The people who have lunch with you most are your colleagues. The people who have dinner with you most are your business partners. And the person who has breakfast with you most is the one who loves you."

She said the words were later reposted on the official microblog of Durex without giving her credit. So "Labixiaoqiu" decided to fight for her legal rights by taking Durex to court and found a lawyer willing to defend the case for a cut of the proceeds – if the lawyer wins the case, he will be awarded 0.5 yuan and 50 boxes of Jissbon condoms.

Durex apologized and offered the writer three years' supply of Durex condoms as a gesture of goodwill.

The author rejected Durex's offer.

His lawyer, Guo Xu, told Shanghai Daily that the two sides are still in negotiations and that in any future lawsuit the author would raise "more formal demands," such as an open apology in the media and compensation.

The writer aims to publicize the widespread practice of plagiarism by profit-making groups, said Guo.

They use the original work of writers and artists on their microblogs without payment or attribution, said the lawyer with Jingda Law Office.

"I have received many similar complaints from microbloggers," said Guo.

Jin, the official with Durex's marketing agency, said they would try to reach an out-of-court settlement.

He said the article was found online without a credit and that the company did not know it was created by Labi Xiaoqiu and published on his sina microblog until he raised the complaint.

"It was a technical mistake. We did not delete his name and repost his microblog post," said Jin.

Labi Xiaoqiu's short article contended that "a person who is willing to wake with you in the morning and prepare you breakfast is worth loving more than another one who cooks you a late-night meal to rush you to bed."

(Shanghai Daily contributed to this story)

Go to Forum >>0 Comment(s)