Jiangzhong Fan / text
the truth into converge the court decree is erroneous
rehabilitation in Beijing, Shanghai recovered shortly after the prosecution, they also found that rehabilitation and opening of the new Human Rights Defenders domain www.ikang-wq.com. The registered proprietor of the domain name is sovereign and new registratiin season for the February 23, 2009. The site on April 12, 2009 release, and the reasons were reckoned, including the use of engage in another rehabilitation squalling like bitch May 13, 2009, Beijing rehabilitation to the eastern Domain Name Dispute Resolution Center Beijing secretariat specialist complained that the center will prize the disputed domain name transferred to the Beijing ikang-wq.com rehabilitation.
amount, the Court held, Jiangsu Human Rights Defenders in rehabilitation in the rehabilitation of further the objective evaluation of an enterprise, to a certain extent, so that either the plaintiff's goodwill by the derogatory; the same time, also the site of many issued for the plaintiff has a derogatory and insulting language, slander the plaintiff's goodwill, constitute unfair competition.
Yong Jiangsu rehabilitation on the two plaintiffs on behalf of investors to the message published by the court that the business in order to discredit the Department of fabricating and spreading disloyal truths to the units, the thing should be to scatter a particular bulk or not the common consumer with a characteristic manufacture or other opponents. As the recipient of the send system the plaintiff investors, the audience is limited, and have close contact with the two plaintiffs, it does not constitute unfair competition statute sense of the commercial slander.
Nantong Intermediate People's Court that the rehabilitation of the Human Rights Defenders released the contents of the two plaintiffs opposition the reputation of an infringement. The website statement: , compensation for damages. Yong's legal representative for the rehabilitation of Jiangsu, on behalf of their conduct, the rehabilitation is of Jiangsu, it requires two plaintiffs of their private duty no legal basis, the court not support it.
arbitral tribunal held that, May 8, in the same year will be recovered from the rehabilitation sites in Jiangsu removed, resulting in both sides of the actual agreement is no longer achieve its obligations, when Beijing and Shanghai rehabilitation rehabilitation provided evidence does not prove the subsistence of Jiangsu rehabilitation and legal representative of the establishment of privately similar services company breach of contract, so the request of the parties were not to support it.
the arbitral court, after hearing, in addition to confirm the , which has provided amenable of the platform for scampering operation; Jiangsu rehabilitation rehabilitation participated in the Beijing, Shanghai, rehabilitation organizations, business training and video training, rehabilitation Beijing, Shanghai, Jiangsu rehabilitation at the Rehabilitation send people to conduct on-site training.
in consensus with China's rule, the operator may not fabricating and spreading false facts, abuse competitor's business reputation, product reputation. Jiangsu Kang joined the plaintiff's recovery in the two operations, after the termination of the franchise agreement, still in business registration and other business rendezvous, so there is a certain competition between the two relationships, the applicable .
However, let Beijing rehabilitation, rehabilitation of event is Shanghai, rehabilitation, Human Rights Defenders, the third opening of the new domain name www.ikwq.net, in addition to the family sheet also contains a the largest number of dealers it? The site
online Soon,
ed hardy beer, Beijing rehabilitation, Shanghai rehabilitation have been base with the domain name www.ikang-wq.cn site,
air max 97, the site registration date is November 19,
jordan retro 12 迎世博环境整治 百日计划 延安路高架沿线将焕然一新 -- 浙江新闻网 n, 2008, contact is Joe Smith. Later, Jiangsu rehabilitation in mandate apt confirm namely the site is its
open this site, altitude of the page exhibits registered insider? spent the money can be correlated to the number? Click on the actively participate in the debate. detailing.
■ courtroom ■
2007 年 4 26, Liu Yong was to be the transferee of the way, a network made Suzhou Co., Ltd. (hereinafter referred to Suzhou Networks) 51% of the shares and became the company's legal representative . On May 9, Suzhou,
air jordan v retro,
fashionable atmosphere jordans 2009 上海:公司年会节庆用品兴起“租赁潮” -- 浙江, Suzhou, a network company changed its name to Health Consultant Co., Ltd. (hereinafter referred to Suzhou Health Company). On 14 June the same year, Suzhou, Suzhou, a hospital with health checkup centers (hereinafter referred to Suzhou Medical Center) signed a cooperation agreement, agreed to the health of Suzhou, Suzhou Medical Center designated as its individual members and corporate members to provide medical services to the cooperative medical institutions, co-operation for 1 year.
on Liu Yong, the main qualification, the Court believes that the legal representative of the company's behavior to determine whether the system of official conduct,
mbt shape up shoes, not the company business scope is mainly based on the alignment of if the doing should be considered representative of the Company will, whether the behavior of the beneficiaries of the company, and companies are compliant to bear the consequences of the behavior of the corresponding elements to judge. Case, the recovery famous in Human Rights Defenders, Jiangsu is also rehabilitation, rehabilitation of Liu Yong's Jiangsu Province is immediately the lawful conduct of conduct, no criticism has clearly expressed its willingness to bear the corresponding legal consequences. Meanwhile, Jiangsu, and two rehabilitation there is a definite competition between the plaintiff and its Human Rights Defenders released in the rehabilitation derogatory remarks also the company itself, not the beneficiaries of Liu Yong. In addition, two plaintiffs did not prove an individual implementation Yong infringement. Therefore, rehabilitation should be identified as contained in violations of Jiangsu implementation of the cardinal.
(text names, company is a pseudonym)
joined the business, in order to help companies better amplify, Nantong medicine on October 26, 2007 changed its name to Jiangsu rehabilitation Century Health Consultant Co., Ltd. (Jiangsu rehabilitation), a wide range of business, but mainly engaged in the appointment register, development and improvement of health and medical message systems and platforms and other services.
partners had a falling out not smooth face arbitration squabbles
early co-operation, Jiangsu rehabilitation derive great benefits. February 2, 2007, Yong employees e-mail sent to rehabilitation, said: , the complicated business development in Jiangsu rehabilitation, rehabilitation of the company thinks that Beijing, Shanghai, there is no absolute market to guide rehabilitation programs and comprehensive support system for franchisees, franchisees do not have the development of qualifications and conditions, and rehabilitation evaluation software immaturity, not access to any technical appraisal, and expensive, not sales, we have the fancy of joining the termination, then in the same year on April 17 e-mail communicated Beijing and Shanghai, rehabilitation rehabilitation to cancel the incipient accession, and keeps the right to valid proceedings along to law. May 8, 2007, Beijing and Shanghai rehabilitation rehabilitation rehabilitation Jiangsu received message, then the recovery from the recovery site in Jiangsu canceled.
for the rehabilitation of Human Rights Defenders puts it, , some news media phoned it
Subsequently, Beijing rehabilitation, rehabilitation who notarized evidence Shanghai, came to Nantong Intermediate People's Court, a piece of periodical civil complaint, the rehabilitation of Liu Yong and Jiangsu onto the dock, commercial defamation on the grounds, to Liu Yong and Jiangsu rehabilitation claims 300 million, which became the biggest because of Jiangsu to vent their anger through the network Jieduan major cause of claims.
rehabilitation in the rehabilitation of Jiangsu Human Rights Defenders, Enterprise sharpened skirted the law,
mbt fanaka shoes, fought to the law. Although the proportion of such enterprises is not tall, but exceedingly bad social impact, serious damage to the establishment of social honor, corruption of the corporate mores and social trends, and even adverse to the country's image. Although not said in company. In the website of the
after a annual of operation, the company will soon open Xu super position, the business done quickly. In order to inflate the scale of operation, November 2005, Shanghai, Nanjing, Jiangsu Province and rehabilitation in the establishment of Nanjing Branch. Subsequently, in 2006 to 2007, but have recovered in Beijing, Guangdong, Wuhan, Chongqing and other locations to set up branches. To addition the visibility of the company, the company in August 2008 to March 2009 phase, provided heavily in the nation some of the mainstream print media advertising, especially advertising content for hireling health management.
2006 年 5 19, after several rounds of negotiation, Nantong, rehabilitation medicine and Beijing, Shanghai, Nanjing Branch rehabilitation co-signed a franchise agreement, admitted by Beijing to provide rehabilitation services for always business development of health management Nantong, medicine and business strategies for the use of franchising authorization district in Jiangsu Province, Nantong City, scope of business for the Beijing rehabilitation of all existing and current business; in franchising and the franchising authority's geographical district among the authorizing business, Nantong rehabilitation medicine the right to use Beijing's VI, trademarks and brand, without getting the prior consent of Beijing rehabilitation may not be licensed in the franchise's business operations outside the scope of rehabilitation with Beijing similar to the trademark and the name or logo, shall not register or use These trademarks of other established fixed or company; Beijing Nantong remedial rehabilitation will provide a comprehensive business philosophy and strategies secondhand for its operation; Nantong therapeutic rehabilitation annually to Beijing to disburse franchise fees, in cooperation with the second period of the first year to 20 years million from the third year the yearly rate of 15%; Nantong Medical period of cooperation, not to any other name, means concurrently with the rehabilitation of Beijing, Shanghai, Nanjing Branch recovered the same or alike comprehensive health management services , regardless of why the operator, at all times the tangible operator of Nantong Nantong medical medicine or the legal representative or associated company are remedied as breach of contract; cooperation for a period of five years, from August 8, 2006 to August 7, 2010 only .
the quick development and rehabilitation company's remarkable extravaganza and won a nice glory, Nantong City, Jiangsu Province, has aroused excellent interest of people Yong. Liu Yong, who in December 2005 set up a pharmaceutical Nantong Co., Ltd. (hereinafter referred to as Nantong medicine), engaged in the operation of the project and rehabilitation company's commerce scope has much in mutual, Yong path he ambitioned to combine in cooperation with the rehabilitation , introduced the conception of rehabilitation and treatment of the company's operating model.
Xu is a super-successful business people. September 1995 to July 1998, Xu Chao genetics at Harvard University to pursue a master's degree program, and in June 2001 the school received a certificate issued by the Master of Arts degree. After returning to school, he was 27 February 2004 and December 27 in Beijing and Shanghai set up a rehabilitation network health science and technology (Beijing) Co., Ltd. (hereinafter referred to as Beijing rehabilitation),
ralph lauren wholesale 美富商用自家混凝土建最大城堡 环保抗天灾(图) -- 浙江新闻网, Shanghai rehabilitation Health Information Network Consulting Co., Ltd. (hereinafter referred to as Shanghai rehabilitation), are corporate-owned foreign corporation, the main business are health management.
them, When the number of traders make money? you consider possible? No. traffickers' is in any case can not shirk 'No. traffickers' suspect, I can not assist but query, Mr. Xu Zhengchao in the end there is no Harvard graduate diploma? so many lies, you do not know Harvard graduate student is not to deceive us anew ... ... , then on December 25, 2008 to apply the scrivener bureau in Shanghai Huangpu www.ikang-wq.cn content on the site for evidence preservation notary, and in January 18, 2009 to the China International Economic and Trade Arbitration Commission Domain Name Dispute Resolution Center grumbles, requiring cancellation of the domain name. The hub final www.ikang-wq.cn domain name should be written off.
online Jieduan this causes important occasion of the astronomical claims, Jiangsu Nantong Intermediate People's Court attaches great magnitude on August 5, 2010, October 22, two public hearing was heard.
(edit: SN002)
Jieduan to vent their anger via the network, slander competitors, due to spread fast, affecting a wide range of cut-throat competition to chance the new trend of the moment, arising from the commercial hard-fought also not unusual, has been attracted extensive attention. From the Network slander, can really convert a secret weapon for triumphing the business do? Together due to vent their inflame caused by the network Jieduan astronomical claims to give us warning.
Finally, the tribunal held that recovery in the rehabilitation of Jiangsu rights online undermine the willingness of the two plaintiffs text, constitute infringement, it shall quickly stop the pertinent violations. For the 2 plaintiffs requested the defendant to eliminate the effects of regrets of the demand, in outlook of the action of Jiangsu revived in a large part ashore the goodwill of the two plaintiffs had a negative impact, it is for the court to assist the claim. Comprehensive tort court graph, as suitable, Jiangsu Rehabilitation should take an remorse, eliminate the form and scope. Given the plaintiff failed to invest evidence of their unfair emulation for of the economic wastage suffered, but also failed to cater evidence that the benefits arising from the other side, so the two plaintiffs to the court to think the reasonable prices incurred along rights, to decide the suitable value of amends.
2011 年 1 28, Nantong Intermediate People's Court in accordance with to stop unfair competition, the Liberation Daily
2008 年 5 16, Jiangsu rehabilitation brought to the Shanghai Arbitration Commission for arbitration, a ruling rehabilitation with Beijing, Shanghai and rehabilitation signed the million. Beijing rehabilitation, rehabilitation Shanghai filed a counterclaim, that the legal representative of Jiangsu Yong rehabilitation health company after the gain of Suzhou, with accurate the same in the comprehensive health management business, joined the partnership in violation of the agreement, it ruled that the request to pay a penalty of Jiangsu rehabilitation Gold 500,000 yuan and pay the second year in franchise fees of $ 200,000.