A fruit can, which recently caused a stir online due to its packaging resembling Kobe Bryant.
The fruit can, produced by Xilaide Food from Jiaozuo, Henan, was supposed to rely on its taste, but instead sparked a huge controversy because of the person's portrait on the packaging. At first glance, the eyebrows and expression are so similar to Kobe that people familiar with him would find it hard not to associate it with the late star. Even more "playful" is the slogan "Elbow Your Way to Fame" and the numerical joke "24 Scientific Formulas," combined with fan-uploaded "See You Again" background music and Kobe's classic lines "Man, what can I say?" in the product review section, instantly boosting the marketing atmosphere.
But this time, fans didn't buy it.
"It's okay to play with memes, but don't exploit the deceased." Many users stated directly that this deliberate accumulation of Kobe elements is not an act of respect, but an insult. Especially the "elbow" pun, which relates to a controversial move in Kobe's career, is both frivolous and disrespectful when used on food packaging.
In response to the criticism, the manufacturer gave a very "technical" reply: the portrait was generated by the operations team using AI as an "original spokesperson." The prototype indeed referenced Kobe and the internet celebrity "Northeast Rain Sister," but after algorithmic fusion, it was a new creation and did not constitute infringement. The implication was: I didn't write Kobe's name, and the image was AI-generated, so why do you say I'm infringing?
But the legal logic may be more strict than imagined.
Liu Guojian, a lawyer from Shandong Chenggong Law Firm, pointed out: the core of determining whether an AI-generated image constitutes infringement lies not in "whether the name is marked," but in "whether the general public can recognize who it is at a glance." As long as the public can stably associate a specific natural person through facial contour, facial features, and accompanying text, it meets the basic requirements for protection of the right to one's own image.
In other words, when "24 Scientific Formulas" meets a face that resembles Kobe, and "Elbow Your Way to Fame" collides with fans' collective memory, even if the name "Kobe" isn't written, the identity reference has already been clearly established. And when a company uses such highly recognizable images for commercial packaging and promotes sales, it is essentially profiting from the celebrity's public influence — which, in legal terms, could be suspected of infringing on the rights of the deceased's image.
Currently, this can sells for 13.5 yuan for two bottles, and the total online sales have reached thousands of bottles. Amidst the controversy, it may have gained short-term traffic, but in the long run, the loss of brand trust may be far heavier than the profit from a few cans.