TCL maliciously belittles laser TV and is sentenced to commercial defamation

Recently, a lawsuit suspected of unfair competition has become the focus of color TV industry.

In November 27th, the first instance of the Qingdao intermediate people's court decided: TCL issued a malicious video on micro-blog TV and official voice account, which was issued by the company in its operation, and it had malicious videos to disparage the Hisense tiktok. It had subjective infringement intent, and damaged the plaintiff's commercial reputation and reputation. According to the laws and regulations of People's Republic of China, the TCL was first judged by TCL. Compensate the plaintiff for the economic loss of 500000 yuan.

The verdict reads: defendant TCL has released short video content of tiktok Hisense's micro-blog TV products in official micro-blog and official voice accounts, and compares her own TV to 100 point TV in video. After publishing the infringing video, it not only displayed tiktok accounts in its shaking accounts, but also spread relevant video videos by salesmen in the franchise stores and verbal slander on the plaintiff's laser TV.

Qingdao intermediate people's court held that in recent years, Hisense laser TV has occupied a higher share of the domestic laser TV market. TCL, as a direct competitor, has officially identified the "TCL TV" tiktok and micro-blog account, which contain videos for the TV products, and the video constitutes false information and subjective intent. The way gives a misleading description of laser TV, which is obviously beyond the reasonable limit of normal business review and is enough to mislead consumers.

The court decided in the first instance that the infringing video released by TCL damaged the plaintiff's commercial reputation and commodity reputation, and constituted a commercial defamation of the plaintiff. According to Article 15 of the tort law of the people's Republic of China, Article 2 (3), Article 11 (3), Article 17 (3) of the anti unfair competition law, and Article 17 of the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of civil cases against unfair competition, TCL was determined to have established the commercial defamation of TCL's top brand electrical appliances, and ordered TCL to compensate Hisense video technology The economic loss of the joint stock company is 500000 yuan.