Welcome toChina Electro-acoustic Net
Add to Favorites | Chinese
Position:home>Case Study>
Company of development of technology of new energy resources of Beijing general
From;    Author:Stand originally
[brief introduction of details of a case]

Accuser: Technology of new energy resources of Beijing general day develops a company

The accused: Company of Electromechanical of tall division of the north in Beijing

Brief of a case: Unfair competition issue

Technology of new energy resources of Beijing general day develops a company (firm of weather of general of the following abbreviation) with in company of Electromechanical of boreal Gao Ke (company of the north in the following abbreviation) the manufacturer home that all is manufacturing active sound box, in market sale process, " of maniac of use " of general weather firm registered trade mark, boreal company uses hussar of " embellish treasure in " registered trade mark, the product performance of two companies is similar, and all sell in home market. Since July 1997, general weather firm used the term of " of product of " hussar replacement on the outer packing of its product, by in boreal company appeals to to court of people of Beijing Haidian division (record date is (1998) Hai Zhichu word the 73rd, the following abbreviation 73 cases) . Via forensic mediation, both sides reachs intercessory agreement, the diction of " of product of replacement of hussar of " of the disuse in agreeing general weather firm is running an activity, in " Beijing daily " on publish statement to in boreal company makes an apology and recoup pecuniary loss. Bilateral all sign after receiving sth intercessory book of the court, general weather firm also fulfilled his obligation according to it. After this, boreal company is in in its website (network address is Http://www.cnortek.com, similarly hereinafter) the information is released on the homepage, the shameless practice that says hussar of " embellish treasure hits a holiday to obtain ' of maniac of ' of major breakthrough " , " belongs to deceit consumer " ; At the same time in boreal company returns book of the indictment 73 cases, mediation to make a webpage, use exceed a link the technology is linked with afore-mentioned homepage photographs, time is come from October 20, 1998 on January 10, 1999, add up to 83 days. What maintain without the court is contain in the indictment, the produces like " the accused hussar sound box of volition of oneself of company of the north in reflecting is the content such as rejected product " . General weather firm appeals to then to court of people of Beijing Haidian division.

Check additionally, after 73 cases careful writtens guarantee, " Beijing daily " , " Beijing youth signs up for " , " Beijing morning paper " all had report and comment to this case, the person that the article signs all is the case alien such as newspaper office reporter.

[the view relating debate of party]

Firm of prosecutor general weather appeals to say, my company produced hussar active sound box to obtain good economic benefits at setting family planning 1996, hind sound box of " of the incognito maniac that it is " . The accused encroached the commercial reputation of accuser at using unfair competition method 1996, tell to come formerly court, via nolling prosequi after mediation. The accused sued accuser 1997 unfair competition, via forensic mediation, both sides mediates end a case. But after this, the accused however do sth without authorization gets online the intercessory book of indictment and court, publish on its homepage at the same time the contemptuous sex article that is aimed at accuser; Additional, the accused to news media clue, publish contemptuous sex article, undertake bespatter to the commercial reputation of accuser and commodity fame, encroached the legitimate rights and interests of accuser, company of the north in requesting to sentence your defendant stops tort, in " Beijing daily " , " Beijing youth signs up for " , " Beijing morning paper " go up and make an apology to accuser on its own website homepage, excuse is published to state 83 days on the net, compensate for 138 400 of accuser pecuniary loss yuan.
Previous12 Next
About us | Legal Notices | Sitemap | Links | Partner