[Intl-tobacco] China: Olympic Track Star Wins Tobacco Lawsuit (fwd)

[Robert Weissman]

Olympic Track Star Wins Tobacco Lawsuit
Source: People's Daily, Wednesday, 5/16/01

An Olympic champion triumphed again on Tuesday, this time in court in her
quest to punish a Kunming tobacco company for using her image without
permission.

Liu Hongwei, vice-director of the civil division with the Liaoning High
People's Court and presiding judge of the case, ordered Kunming Cigarette
Co of Southwest China's Yunnan Province to pay 800,000 yuan (US$96,400) to
famed Chinese track star Wang Junxia.

Wang had sued Kunming Cigarette Co for 10 million yuan (US$1.2 million)
for using her picture in an advertisement without her OK.

Wang, who won the gold medal for the 5,000-metre run at the 1996 Summer
Games in Atlanta, found her image misused in an ad in the Hong Kong
newspaper Ta Kung Pao on August 6, 1996.

Around Wang's right hand, which was holding a batch of flowers, appeared
two packs of Hongshancha cigarettes produced by Kunming Cigarette Co.

Based on this, Wang prosecuted the cigarette maker for economic loss and
defamation.

The company argued it didn't make or commission the ad.

Shenyang Intermediate People's Court handled the case in December but
rejected Wang's argument. That court said Wang lacked evidence that the
company made the advertisement and said the athlete was not defamed by the
ad.

Wang appealed to Liaoning High People's Court in April.

She told the court yesterday that the ad misrepresented her because she
opposes smoking and will never make a cigarette ad. Wang said she spent
more than 120,000 yuan (US$14,458) on the case.