Let’s first look at the essence of this matter: Pinduoduo sells Tesla products on the platform in a subsidized manner and orders them on its behalf. Customers place orders from the Pinduoduo platform and purchase Tesla products at subsidized prices. pull.

Now we want to discuss the issue of responsibility for Tesla’s refusal to pay, so let’s take a look at the three legal relationships in this behavior: Pinduoduo and Tesla, Tesla and consumers, Pinduoduo with consumers. Only if illegal acts are found in these three relationships can Tesla refuse to perform or transfer its delivery behavior to Pinduoduo.

First: Is Pinduoduo’s group buying activity of tens of thousands illegal?

Tesla officials have said: There is no cooperation or any form of cooperation with Pinduoduo regarding this group buying activity. entrusted sales service, and has not sold any vehicles produced by the company to Pinduoduo for this group buying activity. If Pinduoduo conducts promotions in its name without Tesla’s authorization, Tesla can legally hold Pinduoduo responsible for trademark infringement and false publicity. ?

Let’s talk about trademark rights first. Pinduoduo has not sold fake Tesla products, so it cannot be established. As for false propaganda, Pinduoduo has never stated that this event is in cooperation with Tesla. Therefore, it is not true;

Second: Does Pinduoduo’s activity infringe Tesla’s direct sales model?

Pinduoduo uses subsidies to allow consumers to buy Tesla. It is very likely that it will destroy Tesla’s own inherent business model and affect subsequent product sales. However, according to the Anti-Unfair Competition Law, Tesla needs to prove that Pinduoduo has violated recognized business ethics. However, this does not It’s not easy;

Third: Is it legal for consumers to buy Tesla through the Pinduoduo platform?

Tesla’s “Car Subscription Agreement” emphasizes that resale is prohibited? . However, Pinduoduo only placed orders on behalf of the company and did not transfer the purchase to its own name and then resell it, so this is not true.

To sum up, it is unrealistic for Tesla to unilaterally transfer responsibility to Pinduoduo.