China top hurdler Liu Xiang appeals ruling
(Xinhua)
Updated: 2005-06-11 14:09

Olympic champion hurdler Liu Xiang lodged an appeal against a Beijing newspaper for using his image without permission in October.

China's 110m hurdles Olympic gold medalist Liu Xiang reacts after he was awarded the Best Male Athlete of the 2005 China Top Ten Benefiting Laureus Sports For Good Awards Wednesday in Shenzhen, March 16, 2005. [newsphoto]

The appeal came after Beijing Haidian District People's Court dismissed a lawsuit by Liu last month, ruling Liu's picture in the Lifestyle newspaper was used for news, not advertising purposes.

It rejected Liu's demand for 1.25 million yuan (US$151,000) in compensation.

Liu, supported by the Chinese Athletics Association, filed the appeal with the Beijing No. 1 Intermediate People's Court on Thursday.

"We were surprised by the ruling," said CAA Vice Chief Wang Dawei. "Through the appeal with the intermediate court, we hope to get a fair and convincing result."

The Shanghai native's fame and popularity have risen greatly after winning the men's 110m hurdles at last year's Olympics in Athens.

He was the first Chinese man to win a gold medal in a track and field event at the Olympics.

China's Olympic gold medalist Liu Xiang beyond a hurdle is featured on the cover of a Beijing lifestyle guide newpaper which Liu allegedly used his photo with his permission. [baidu]

The Lifestyle paper printed his image of clearing hurdles on the front page with an advertisement printed below the same page.

Though the Haidian court ruled in favor of the paper, Liu's lawyer said the ruling was defective and was not based on solid evidence.

Wang said it is not a simple case of an athlete trying to protect his image.

"Liu's case could serve as a warning to those who attempt to breach the rights of athletes by ambiguous means," Wang said. "His appeal could enhance the awareness of athletes' legal rights. Liu's lawsuit is of more significance in the wider context of Beijing hosting the 2008 Olympics. We have the responsibility to create a legal environment that will prevent the infringement of Olympic intellectual property rights," he added.

Wang said since Liu won gold at Athens, more than 10 other similar cases have been reported to either the hurdler or the CAA.

"We think those infringements should be stopped and hope the lawsuit against Lifestyle acts as a deterrent," Wang said. "Since Liu took the case to court there have been less similar incidents."

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