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Some unfair competitors or spreading rumors

Legal subjectivity:

Whether malicious spreading of rumors by merchants constitutes unfair competition. It can be reported to the industrial and commercial department in the name of unfair competition. Article 21 of the Civil Procedure Law: Civil lawsuits filed against citizens shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled; if the defendant's place of domicile is inconsistent with the place of habitual residence, the People's Court of the place of habitual residence shall have jurisdiction. Civil lawsuits filed against legal persons or other organizations shall be under the jurisdiction of the people's court where the defendant is domiciled. If the domiciles and habitual residences of several defendants in the same lawsuit are within the jurisdiction of two or more people's courts, each of the people's courts shall have jurisdiction. According to Article 25 of the "Public Security Administration Punishment Law of the People's Republic of China", anyone who spreads rumors, falsely reports dangerous situations, epidemics, police situations, or deliberately disrupts public order by other means shall be sentenced to not less than five days and not less than ten days. Detention for less than five days may be combined with a fine of not more than five hundred yuan; if the circumstances are relatively minor, the offender shall be detained for not more than five days or fined not more than five hundred yuan. Article 291-1 of the Criminal Law stipulates: Fabricate false dangers, epidemics, disasters, or police information and spread them on information networks or other media, or knowingly knowing that the above-mentioned false information is false information, deliberately spreading it on information networks or other media, seriously disrupting Those who violate social order shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or control; if serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Article 25 of the "Public Security Administration Punishment Law" stipulates that anyone who spreads rumors, falsely reports dangerous situations, epidemics, police situations, or intentionally disrupts public order by other means shall be detained for not less than five days but not more than ten days, and may also be fined five hundred A fine of not more than RMB 500 shall be imposed; if the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than RMB 500. At the same time, Article 39 of the "Consumer Rights and Interests Protection Law" also stipulates that if a consumer's legitimate rights and interests are damaged because an operator uses false advertising to provide goods or services, he or she may demand compensation from the operator. If advertising operators publish false advertisements, consumers may request the administrative authorities to punish them. At present, the city is in turmoil and people are in panic because of the rumors, but the punishment given is only "five days of administrative detention", "admonition talk" and "text apology". Such a light punishment is obviously not enough to deter such people who seek personal gain. Behavior that disrupts public order; the traffic police department should not be the only one involved in such incidents. The relevant market supervision departments should cooperate with the traffic police department to maintain market order. If there is nothing you can do to deal with the dispute caused by the malicious spreading of rumors by the merchant, you can ask an online lawyer through the online consultation system and ask them to give you a corresponding solution. Legal objectivity:

According to the provisions of the Anti-Unfair Competition Law, the following 15 behaviors are unfair competition behaviors: 1. Counterfeiting other people’s registered trademarks; 2. Using the unique names and packaging of well-known products without authorization , decoration, or use names, packaging, decoration similar to those of well-known goods, causing confusion with other people's well-known goods, causing buyers to mistake them for the well-known goods; 3. Using other people's business names or names without authorization, causing people to misunderstand It is someone else’s product; 4. Forge or falsely use quality marks such as certification marks and famous quality marks on the product, forge the place of origin, and make misleading and false representations of the quality of the product. 5. Operators shall not use the following unfair means to engage in market transactions and harm competitors: 6. Public utility enterprises or other operators with an exclusive position according to law shall not restrict others from purchasing the commodities of their designated operators in order to exclude other operators. fair play. 7. The government and its departments shall not abuse administrative power to restrict others from purchasing the goods of its designated operators or restrict the legitimate business activities of other operators. The government and its departments shall not abuse administrative power to restrict foreign goods from entering the local market, or the flow of local goods to foreign markets. 8. Operators shall not use property or other means to bribe to sell or purchase goods. Those who secretly give kickbacks to other units or individuals outside the accounts shall be punished as bribes; those who secretly accept kickbacks from the other units or individuals outside the accounts shall be punished as accepting bribes. When an operator sells or purchases goods, he or she may give discounts to the other party in an explicit manner and may pay commission to the intermediary. If an operator gives discounts to other parties or commissions to intermediaries, they must be truthfully recorded in the accounts. Operators who accept discounts and commissions must truthfully record them in their accounts.

9. Operators shall not use advertisements or other methods to make misleading and false propaganda about the quality, ingredients, performance, uses, producers, expiration dates, origins, etc. of the goods. Advertising operators shall not act as agents, design, produce, or publish false advertisements without knowing or should have known. 10. Operators shall not use the following means to infringe on trade secrets: (1) Obtain the right holder’s trade secrets by theft, inducement, coercion or other unfair means; (2) Obtain the right holder by disclosing, using or allowing others to use the means mentioned in the preceding paragraph. business secrets; (3) Violating the agreement or violating the obligee's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in its possession. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph acquires, uses or discloses the business secrets of others, it shall be regarded as a business secret. The secrets mentioned in this article refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder. 11. Operators shall not sell goods at prices lower than cost for the purpose of squeezing out competitors. Any of the following circumstances does not constitute unfair behavior: (1) selling fresh goods: (2) dealing with goods whose validity period is about to expire or other backlogged goods; (3) seasonal price reductions; (4) due to liquidation Debt, change of production, going out of business and selling goods at reduced prices. 12. When selling goods, operators shall not tie the goods against the will of the purchaser or attach other unreasonable conditions. 13. Operators are not allowed to engage in the following sales with prizes: (1) conduct prize sales by falsely claiming to have prizes or deliberately letting designated personnel win prizes; (2) using prize sales to promote low-quality and high-priced goods; (3) For lottery-style sales with prizes, the maximum prize amount shall not exceed 5,000 yuan. 14. Operators shall not fabricate or spread false facts to damage the business reputation and product reputation of competitors. 15. Bidders are not allowed to collude in bidding, raise the bid price or lower the bid price. Bidders and tenderers shall not collude with each other to exclude competitors from fair competition.