Legal analysis
After leaving the company, employees of our company use their relationship and information with the original company to start a company with the same or similar business scope as the original company, and use the enterprise name of the original company for trading without authorization, which leads to confusion, being mistaken for the goods of the original company or having a specific connection with the original company, which constitutes unfair competition. Unfair competition refers to the behavior that operators violate the regulations, damage the legitimate rights and interests of other operators and disrupt the social and economic order. It is a violation and infringement of fair competition. As long as operators carry out all kinds of unfair competition and illegal acts related to unfair competition, they must bear corresponding legal responsibilities. On the surface, it is difficult to identify some acts of business operators as acts of unfair competition, but as long as they violate the principles of voluntariness, equality, fairness, honesty and credit or recognized business ethics, damage the legitimate rights and interests of other business operators and disrupt the social and economic order, they should also be identified as acts of unfair competition. Infringement by unfair competition means that unfair competition has damaged or may damage the legitimate rights and interests of operators. Unfair competition acts use unfair means to destroy the market competition order, damage the legitimate rights and interests of other operators, and cause material and spiritual damage to law-abiding operators.
legal ground
Article 6 of the Anti-Unfair Competition Law of People's Republic of China (PRC), an operator shall not commit any of the following confusing acts, which may make people mistakenly think that it is someone else's goods or have a specific connection with others: (1) unauthorized use of the same or similar marks such as the name, packaging and decoration of goods that have certain influence on others; (2) unauthorized use of enterprise name (including abbreviation, font size, etc.). ), social organizations (including abbreviation, etc. ) and name (including pen name, stage name, translated name, etc. ) has a certain influence on others; (three) unauthorized use of domain names, website names, web pages and other major parts. , have a certain influence on others; (four) other confusing acts that can make people mistakenly think that they are other people's goods or have specific connections with others.