What happened when Beijing Muji sued Japan Muji for winning? Recently, Beijing Muji took it to court and won the case, and it was necessary to compensate the plaintiff for economic losses of 400,000 yuan. What happened when Beijing Muji sued Japan Muji for winning?
What happened when Beijing Muji sued Japan Muji for winning? 1 Beijing Miantian Textile Co., Ltd. once again went to court with Japanese MUJI because the statement issued by Japanese MUJI was suspected of commercial slander and unfair competition. On April 25th, the Chaoyang District People's Court of Beijing publicly heard the case online. This case is actually a continuation of the trademark dispute between the two parties. On 26th, the topic of # Beijing MUJI v. Japanese MUJI rushed to Weibo for hot search.
In the previous trademark dispute case, the defendant Japan Muji lost the case, so it is necessary to stop infringing on the exclusive right to use registered trademarks of Beijing Miantian Company and Beijing Muji, and make a statement to eliminate the infringement effect. However, in the statement, the defendant used the word "squatting". Whether the word "cybersquatting" has the connotation of commercial slander has also become one of the controversial points between the two sides. Cui Shulei, a judge of the Intellectual Property Court of Chaoyang District People's Court in Beijing, pointed out that the most important thing is to return to the definition of commercial slander in the Anti-Unfair Competition Law. The case was not pronounced in court.
Some netizens in Weibo said, didn't Japanese Muji come first? Some netizens expressed anger, saying that "it is shameless to copy others and sue the Lord in turn."
Some netizens said that they couldn't understand why Muji was not only divided into Beijing and Japan, but also divided into simplified and traditional.
What happened when Beijing Muji sued Japan Muji for winning? Recently, because Japanese MUJI fabricated and disseminated false information about the registered trademark of Beijing MUJI, which caused losses to Beijing MUJI, Beijing MUJI took it to court and won the case. The court held that Muji's behavior in Japan constituted commercial slander and compensated the plaintiff for a total economic loss of 400,000 yuan. So how to identify commercial slander?
How to identify commercial slander?
(1) The actor must be the operator, and having the identity of the operator is one of the important conditions for determining the infringement of the right of goodwill. That is, only legal persons, other economic organizations and individuals engaged in commodity management or profit-making services damage the goodwill of competitors, which constitutes this kind of unfair competition. Insult, slander and slander committed by non-operators are regarded as general tort.
(2) The conduct of commercial defamation of business operators is subjectively aimed at weakening competitors' market competitiveness and seeking their own market competitive advantages, and maliciously slanders and devalues competitors' business reputation and commodity reputation by fabricating and spreading false facts and other improper means. Therefore, intentional behavior constitutes this kind of unfair competition.
(3) The objective aspect of its behavior is to fabricate, spread false facts or use improper statements of real events to slander and belittle the goodwill of competitors, which has caused or may cause certain damage consequences to them.
According to the World Intellectual Property Organization's summary of the Model Law against Unfair Competition, there are two kinds of acts that infringe on the right of goodwill:
(1) False statements, that is, fabricating or spreading things about others' goodwill that are inconsistent with their own business reputation and commodity reputation, including making things out of nothing and maliciously distorting the real situation.
(2) Taking improper statements, stating objective facts is unfair, inaccurate and incomplete, which is intended to belittle and vilify the goodwill of competitors.
What are the legal responsibilities of commercial slander?
(A) the civil liability for commercial libel
According to the Anti-Unfair Competition Law, if an operator violates the provisions of this law and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; And bear the reasonable expenses paid by the infringed business operator for investigating the unfair competition behavior of the business operator that infringes on its legitimate rights and interests. If the legitimate rights and interests of the infringed business operators are harmed by unfair competition, they may bring a lawsuit to the people's court.
(2) Criminal liability for commercial libel.
Those who damage others' commercial reputation and commodity reputation and cause heavy losses to others or have other serious circumstances may also be punished in accordance with the provisions of Article 22 1 and Article 23 1 of the Criminal Law of our country.
(1) A natural person shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention and shall also or only be fined.
(2) If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel of the unit shall be punished according to law.