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Classic unfair competition case _ unfair competition case analysis?

Unfair competition is a violation and infringement of fair competition. Fair competition refers to the behavior of operators to compete by commercial means that conform to national laws, abide by socially recognized business ethics, and abide by the principle of good faith. The following are the classic cases of unfair competition that I have compiled for you. Welcome to read them!

classic unfair competition case article 1

In February 2117, the patented product "Shuiyisheng" micro-electrolysis water maker developed and produced by Beijing Shuiyisheng Technology Development Co., Ltd. was put on the market on a large scale, and it carried out a lot of advertising and won various awards and honors for many times, which has a high reputation in the society.

since June p>2118, a similar product named "Shuiyisheng Super Nano-active Water Cup" has appeared in the market. The pronunciation of the product name is exactly the same as that of Shuiyisheng Company, and the packaging and decoration are also very similar. Therefore, Beijing Shuiyisheng Company believed that Nanjing Xiongfei Biotechnology Co., Ltd., the producer of "Shuiyisheng" products, and the Nanning Boai Pharmacy, which was operated by Lei Honghong, disrupted the market order, violated the principles of voluntariness, equality, honesty and credit, and affected the commercial reputation of Beijing Shuiyisheng Company, which was an unfair competition behavior, and brought Nanjing Xiongfei Biotechnology Co., Ltd. and Lei Honghong to court.

the higher court of the autonomous region held that Nanjing Xiongfei Biotechnology Co., Ltd. used the unique packaging and decoration of well-known products of Beijing Shuiyisheng Company without the permission of Beijing Shuiyisheng Company, and its behavior constituted unfair competition. Nanjing Xiongfei Biotechnology Co., Ltd. was sentenced to compensate Shuiyisheng Company for its economic loss of 451,111 yuan, and to compensate Shuiyisheng Company for its expenses of stopping the infringement of rights of 51,111 yuan, and at the same time, it was announced in newspapers and periodicals distributed nationwide to eliminate the influence; As of the effective date of the judgment, immediately destroy all the packaging and decoration of the super nano-active water cups similar to those of the micro-electrolytic water maker produced by Beijing Shuiyisheng Company, and stop producing and selling the super nano-active water cups similar to those of the micro-electrolytic water maker produced by Beijing Shuiyisheng Company.

Classic Unfair Competition Case 2

A website, under the banner of "Thousands of Lights", specially advertises for the merchants in Wanjiadenghuo Decoration City. To this end, Beijing Wanjia Denghuo Home Decoration Market Co., Ltd. sued the website and claimed a loss of 5 million yuan. Yesterday, on the 31th, Haidian Court found that the website constituted unfair competition and awarded a compensation of 21,111 yuan according to the actual situation.

Wanjiadenghuo Decoration Company said that it has a website called "Wanjiadenghuo" to advertise for its merchants. At the beginning of this year, the website operated by Beijing Zhongshangwang E-commerce Technology Co., Ltd. was also named "Wanjiadenghuo". The "company address" displayed on this website is the same as the business address of Wanjiadenghuo Decoration Company, and the merchants advertising in the website are also our own merchants. Wanjia Denghuo Decoration Co., Ltd. believes that the defendant's website impersonates itself and charges for advertising for merchants, which constitutes unfair competition, and requests the court to order the website to be published and compensate for the loss of 5 million yuan.

Classic Unfair Competition Case 3

In the spring of 1996, Fangshan District Administration for Industry and Commerce of Beijing investigated the unique name, packaging and decoration behavior of Beijing Lugouqiao Winery, which copied the well-known commodity Huadeng brand of Beijing Niulanshan Winery, according to the complaint of Beijing Niulanshan Winery.

According to the investigation, Huadeng brand Beijing alcohol liquor is a high-quality product produced by Beijing Niulanshan Winery and a famous product in Beijing. In order to develop and develop "Beijing Alcohol", Beijing Niulanshan Winery has invested 81 million yuan in research and advertising since 1992, which makes the market share rise rapidly. However, since October, 1995, counterfeit products with the unique name, packaging and decoration of "Beijing Alcohol" have appeared in the market. Among them, the commodity names of Gude brand and Lugouqiao brand Beijing alcoholic liquor produced by Beijing Lugouqiao Winery are the same as those of Huading brand Beijing alcoholic liquor produced by Beijing Niulanshan Winery, and the packaging and decoration are similar, which is enough to cause misunderstanding among consumers. According to the investigation, Beijing Lugouqiao Winery produced 52,174 bottles of Gude brand and Lugouqiao brand Beijing alcoholic liquor from April 1995 to June 1996, printed 68,111 sets of packaging boxes with the words "Beijing Alcohol" and sold 47,436 bottles.

Based on the above facts, Fangshan District Administration for Industry and Commerce decided that the above-mentioned behavior of Beijing Lugouqiao Winery violated the provisions of Item 2 of Article 5 of the Anti-Unfair Competition Law, which stipulated that it was forbidden to "use the unique name, packaging and decoration of a well-known commodity without authorization, or use a name, packaging and decoration similar to a well-known commodity, causing confusion with other people's well-known commodities, so that buyers mistakenly thought it was the well-known commodity", and ordered it to stop producing Beijing alcoholic liquor and eliminate the existing commodities.

Classic Unfair Competition Case 4

Plaintiff Shanghai Equipment Co., Ltd. * * * hereinafter referred to as Shanghai Equipment Company * * * and Defendant Foshan Shunde Electric Appliance Industry Co., Ltd. * * * hereinafter referred to as Shunde Electric Appliance Company * * * are both enterprises that produce household appliances such as range hoods, and a Shanghai Equipment Company registered a combined trademark of "Duohuan +DUOHUAN" and graphics.

From August to September, 2117, someone released an advertisement for the defendant's product in Jiangxi Huicong Commercial Information Advertisement, and released a "solemn announcement" at the lower right of the product advertisement, saying that the ×× series oil fume purifier is a patented product, and many products such as "Kangjia" and "Shanghai Duohuan" appeared in the market are counterfeit. After investigation, the advertisement was seriously inaccurate. According to some data, the advertiser Liu is responsible for the product promotion and sales of an electrical appliance company in Shunde in various regions of Jiangxi Province. After the second trial, the court found that Liu's act of releasing "solemn declaration" was authorized by the defendant, and both Liu and the defendant were at fault, and ordered them to jointly compensate for the civil liability of 1.5 million yuan.