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relied Jieduan vent their anger, slander competitors, due to spread fast,nike 3.0, affecting a wide range of cut-throat competition to become the new trend of the moment, which led to frequent commercial hard-fought, has aroused great concern. From the "Mengniu", "Queen" two giant milk online contest to "360", "Tencent" destabilize the two-line IT companies, not by the network to attack each other without the typical case. Network slander, can really become a secret weapon for winning the business do? Together due to vent their anger caused by the network Jieduan astronomical claims to give us warning.
Jiangzhong Fan / text
partners had a falling out not flat face arbitration disputes
Xu is a super-successful business people. September 1995 to July 1998, Xu Chao studying genetics at Harvard University, Master, 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.,nike free 3.0, Ltd. (hereinafter referred to as Beijing rehabilitation), Shanghai rehabilitation Health Information Network Consulting Co., Ltd. (hereinafter referred to as Shanghai rehabilitation), are corporate-owned foreign enterprise, the main business are health management.
after a year of operation, the company will soon open Xu super situation,griffey sneakers, the business done fast. In order to expand 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 places to set up branches. To increase the visibility of the company, the company in August 2008 to March 2009 period, invested heavily in the country some of the mainstream print media advertising, primarily advertising content for employee health management.
rapid development and rehabilitation of the companys remarkable performance and won a good reputation, Nantong City, Jiangsu Province, has aroused great 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 companys business scope has much in common, Yong way he wanted to join in cooperation with the rehabilitation , introduced the concept of rehabilitation and management of the companys operating model.
2006 Nian 5 19, after several rounds of consultations, Nantong, rehabilitation medicine and Beijing, Shanghai, Nanjing Branch rehabilitation co-signed a franchise agreement, agreed by Beijing to provide rehabilitation services to business health management and business strategy for all development Nantong medical use, area franchise license for the Jiangsu Province, Nantong City,vivier shoes, the business scope of Beijing rehabilitation of all existing and new business; in franchising and the franchising authoritys geographical area within the licensing business, the right to use Nantong Medical Beijing rehabilitation logo, trademarks and brand, without obtaining the prior consent of Beijing rehabilitation may not be authorized in the franchises business operations outside the scope of rehabilitation with Beijing similar to the trademark and the name or logo, nor shall register the establishment or use of these trademarks firm or company; Beijing Nantong medical rehabilitation will provide a comprehensive business philosophy and strategies used for its operation; Nantong medical rehabilitation annually to Beijing to pay franchise fees, in cooperation with the duration of the first year of the second year of 20 million, from the third year the annual rate of 15%; Nantong Medical period of cooperation, not to any other name, means concurrently with the rehabilitation Beijing, Shanghai, Nanjing Branch recovered the same or similar comprehensive health management services, regardless of the operator Why,ken griffey sneakers, as long as the actual operator of Nantong Nantong medical medicine or the legal representative or associated company are treated as breach of contract; cooperation for a period of five years, from August 8, 2006 to August 7, 2010 only.
joined the business, in order to help companies better develop, 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 in the appointment registration, development and promotion of health and medical information systems and platforms and other services.
early co-operation, Jiangsu rehabilitation derive great benefits. February 2, 2007,free 5.o v4, Yong employees e-mail sent to rehabilitation, said: "Today has signed a single-90009, full happy and I think your choice of rehabilitation or the right." Who knows, in two or three months after , the difficult business development in Jiangsu rehabilitation, rehabilitation of the company thinks that Beijing, Shanghai, there is no perfect 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, they had the idea of ??joining the termination, then in the same year on April 17 e-mail communicated Beijing and Shanghai, rehabilitation rehabilitation to terminate the original agreement, and reserves the right to take proceedings according to law. May 8, 2007, Beijing and Shanghai rehabilitation rehabilitation rehabilitation Jiangsu received message, then the recovery from the recovery site in Jiangsu deleted.
2007 Nian 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 companys legal representative. On May 9, Suzhou, 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 examination centers (hereinafter referred to Suzhou Medical Center) signed a cooperation agreement, agreed to the health of Suzhou,nike air diamond turf, Suzhou Medical Center designated as its individual members and corporate members to provide medical services to the cooperative medical institutions, co-operation for one year.
2008 Nian 5 16, Jiangsu rehabilitation brought to the Shanghai Arbitration Commission for arbitration, a ruling rehabilitation with Beijing, Shanghai and rehabilitation signed the "Cooperation agreement" null and void, and demands the return of the two companies joining fee of $ 200,000. Beijing rehabilitation, rehabilitation Shanghai filed a counterclaim, that the legal representative of Jiangsu Yong rehabilitation health company after the acquisition of Suzhou, with exactly 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.
arbitral tribunal,wholesale baseball hats, after hearing, in addition to confirm the "Cooperation Agreement" of the relevant facts, but also to identify: Jiangsu rehabilitation rehabilitation and Beijing, Shanghai recovered from an agreement to cooperate during February 2007 is still normal,cheap new era hats, the latter has forward to provide a "rehabilitation franchisees manual for the practical operation of the establishment and the market", "medical examination project," "early cancer screening manual" and other related business project information; Jiangsu rehabilitation clients into "rehabilitation MIS system" information platform for running operation ; Jiangsu rehabilitation rehabilitation participated in the Beijing, Shanghai and rehabilitation organizations, business training and video training, rehabilitation Beijing, Shanghai, Jiangsu rehabilitation at the Rehabilitation send people to conduct on-site training.
arbitral tribunal held that, "Cooperation Agreement" should be effective, Jiangsu rehabilitation on April 17, 2007 for termination of the agreement, Beijing rehabilitation, rehabilitation is not only not to make Shanghai a written reply, but also intensified conflicts in the same year in May 8 will be recovered from the rehabilitation sites in Jiangsu removed, resulting in both practical no longer perform its obligations under the agreement, Shanghai and Beijing rehabilitation and rehabilitation of the evidence can not prove the existence of Jiangsu rehabilitation and legal representative of the company set up similar services without permission breach of contract, so the request of the parties were not to support it.
online "Jieduan" unsparing conflicts on the court
However, this point does not solve the conflict. Soon, Beijing rehabilitation, Shanghai rehabilitation have been found with the domain name www.ikang-wq.cn site, the site registration date is November 19, 2008, contact is Joe Smith. Later, Jiangsu rehabilitation in order to confirm that the site is its "John Doe" in the name registered by the company responsible for operational management.
open this site, top of the page displays "Rehabilitation Ambassador Human Rights Defenders" and "rehabilitation franchise what?", "Rehabilitation is the largest number of dealers it?", "reveal the true face of cancer screening rehabilitation" "told you a true rehabilitation "and other words, the page is displayed," 04,05, the rehabilitation of the $ 200 sold for 2,000 yuan cancer screening, "" truth, and prices recovered cancer screening insider "," rehabilitation appointment registration insider? flowers money can be linked to the number? "and other words. Click on the "first chapter language" to show that "this site was established to uncover the true insider and a business growth of its history, in which right and wrong, written evidence of this Web site are talking, do not make improper comment, for the majority of Internet users actively participate in the discussion. "and stated:" This site is copyright Health Consultant Co., Ltd. Jiangsu rehabilitation century, the legal responsibility of this website by the companys commitment to independence. "and then click on each title corresponds to the contents of some text on the title description.
them, "Rehabilitation Ambassador Human Rights Defenders" and "rehabilitation right" in the "09 new mine, CEO Xu Chao rehabilitation Ambassador answered questions from reporters hide and seek, " the article shows: " When the number of Harvard graduate student by traders to make money ? you think possible? "and told reporters" the essence of you and the number of traffickers What is the difference in question, Xu asked over the case. "" ... I think just to have a can do the number of Harvard graduate traffickers is in any case can not avoid No. traffickers suspect, "" The answer is simply unreasonable shit is mental disorder caused the gangster logic, I do not believe this is the world-famous university graduate level, whereby the level I can not help but ask asked Mr. Xu Zhengchao in the end there is no Harvard graduate diploma? "," their shameless no problem, also holding the Harvard brand, but also disgrace the face of Harvard "and" rehabilitation company that you run so much lie, do not know you are a graduate student at Harvard is not to deceive us again ... ... "
see such comments on the website, Beijing rehabilitation, rehabilitation realize the seriousness of Shanghai, then on December 25, 2008 to apply the notary office in Shanghai Huangpu www.ikang-wq.cn content on the site notarized evidence preservation, and on January 18, 2009 to the China International Economic and Trade Arbitration Commission Domain Name Dispute Resolution Center of complaints, requiring cancellation of the domain name. The center final www.ikang-wq.cn domain name should be written off.
Subsequently, Beijing rehabilitation, rehabilitation who notarized evidence Shanghai, came to Nantong Intermediate Peoples Court, a piece of paper civil complaint, the rehabilitation of Liu Yong and Jiangsu onto the dock, commercial defamation 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 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 king and new registration time for the February 23, 2009. The site on April 12, 2009 release, "What is justice? Adhere to expose the shady, triggering hot, Human Rights Defenders suffered another 3 million claims," ??a text, and paste in the text of the case into the complaint, and the fact that prosecution and the reasons were evaluated, including the use of "their model does not know where, how to master your model? on Suzhou, see the arbitration case, purely based on hearsay evidence, falsely accused of responsibility has always been his best," "we engage in different rehabilitation squalling like bitch "and other statements. May 13, 2009, Beijing rehabilitation to the Asian Domain Name Dispute Resolution Center Beijing secretariat expert complained that the center will award the disputed domain name transferred to the Beijing ikang-wq.com rehabilitation.
However, let Beijing rehabilitation, rehabilitation of accident is Shanghai, rehabilitation, Human Rights Defenders, the third opening of the new domain name www.ikwq.net, in addition to the home page also contains a "rehabilitation franchise what?", "Rehabilitation is the largest number of traders it? "," the true face of cancer screening opened rehabilitation "and other words, the page is displayed" to expose to expose the mask of rehabilitation: rehabilitation research cancer screening is it? "and so on. The site "rehabilitation it" contains named "The recovery card or robbery card?" And other articles.
the truth into focus the court verdict is wrong
online Jieduan this causes major cause of the astronomical claims, Jiangsu Nantong Intermediate Peoples Court attaches great importance on August 5, 2010, October 22 public hearing was heard twice.
Jiangsu Nantong Intermediate Peoples Court that the rehabilitation of the Human Rights Defenders released the contents of the two plaintiffs against the reputation of an infringement. The website statement: "This site Copyright Jiangsu rehabilitation,sb dunks, site of the legal responsibility borne by the company independently." Jiangsu rehabilitation have no objection, it should be recognized as violations of its people, should take to stop infringement, eliminating the effects of ,griffey max 2, compensation for damages. Yongs legal representative for the rehabilitation of Jiangsu, on behalf of their conduct, the rehabilitation is of Jiangsu, it requires two plaintiffs of their personal responsibility no legal basis, the court not support it.
in accordance with Chinas "Civil Law" provision, legal persons shall enjoy the right of reputation; the same time in accordance with "Anti-Unfair Competition Law", the operator in the market transactions, should follow the voluntary, equality, fairness, good faith, management shall not fabricating and spreading false facts, damage competitors business reputation, product reputation. Jiangsu Kang joined the plaintiffs recovery in the two operations, after the termination of the franchise agreement, still in business registration and other business appointments, so there is a certain competition between the two relationships, the applicable "Anti-Unfair Competition Law," Jiangsu rehabilitation of the main eligibility .
on Liu Yong, the main qualification, the Court believes that the legal representative of the companys behavior to determine whether the system of official conduct, not the company business scope is mainly based on the combination of whether the act should be considered representative of the company will, the company whether the behavior of the beneficiaries, and the company is willing to bear the consequences of the behavior of the corresponding factors to judge. Case, the recovery noted in Human Rights Defenders, "this site is copyright Health Consultant Co., Ltd. Jiangsu rehabilitation century, the legal responsibility of this website by the companys independent commitment", Yong-mail to the rehabilitation of private investors sent the message inscribed Jiangsu is also rehabilitation, rehabilitation of Liu Yongs Jiangsu Province is now the official conduct of conduct, no objection has clearly expressed its willingness to bear the corresponding legal consequences. Meanwhile, Jiangsu, and two rehabilitation there is a certain 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,women nike free, rehabilitation should be identified as involved in violations of Jiangsu implementation of the main.
rehabilitation in the rehabilitation of Jiangsu Human Rights Defenders, "the first chapter phrase" clearly stated that "the establishment of this website is to reveal the true insider and a business growth of its history," adding that "a number of unscrupulous individuals or businesses sharpened head skirted the law, fought to the law. Although the proportion of such enterprises is not high, but extremely bad social impact, serious damage to the establishment of social credit, corruption of the corporate culture and social trends, and even detrimental to the countrys image ", although this is not reference to "a business" name, but on the page with "rehabilitation franchise what",Angels Hats, "Rehabilitation is the largest number of dealers do," "Tell you a true rehabilitation" and other statements, the company clearly point to the recovery company. In the website of the "justice lie? Adhere to expose the shady, triggering hot, Human Rights Defenders suffered another 3 million claims," ??a paper, list the case to the complaint, the case clearly point to the two plaintiffs, so the site can be determined within the meaning of "recovered companies" is the case the two plaintiffs. Human Rights Defenders in
called for rehabilitation,car parts wholesale, "the company sold registration appointment card, or the number of dealers convenience group", the Ministry of Health issued a notice given before the society to carry out an appointment for the registered company registration services are reasonable, there are many arguments, some of the news media to be known as the "number of dealer groups," Department of objective facts, it is recovered in the Human Rights Defenders questioned does not constitute a commercial slander.
sum, the Court held, Jiangsu Human Rights Defenders in rehabilitation in the rehabilitation of "unscrupulous businesses" to evaluate the two plaintiffs, saying the damage to the social credit, corruption of society and even undermine the countrys image, it is clear beyond a corporate objective evaluation, to a certain extent, so that the two plaintiffs goodwill by derogatory; the same time, also the site of many published for the plaintiff has a derogatory and insulting language, slander the reputation of the plaintiff, constituted unfair competition.
Yong Jiangsu rehabilitation on behalf of two plaintiffs to investors issued by mail, the court held,nike air max jr 2011, the Department on trumped commercial defamation and spreading false facts to the elements, the object should be to spread a particular majority or not a particular co-user the same industry or other competitors. As the recipient of the mail system the plaintiff investors, the audience is limited, and have close contact with the two plaintiffs, it does not constitute unfair competition law sense of the commercial slander.
Finally, the court held that recovery in the rehabilitation of Jiangsu rights online undermine the goodwill of the two plaintiffs text, constitute infringement, it shall immediately stop the relevant violations. For the two plaintiffs requested the defendant to eliminate the effects of apology of the claim, in view of the behavior of Jiangsu recovered to some extent on the goodwill of the two plaintiffs had a negative impact, it is for the court to support the claim. Comprehensive tort court plot, as appropriate, Jiangsu Rehabilitation should take an apology, eliminate the manner and scope. Given the plaintiff failed to provide evidence of their unfair competition because of the economic loss suffered, but also failed to provide evidence that the benefits arising from the other side, so the two plaintiffs to the court to consider the reasonable costs incurred by rights, to determine the appropriate amount of compensation.
2011 Nian 1 28, Nantong Intermediate Peoples Court in accordance with "General Principles of Civil Law", "PRC Anti-Unfair Competition Law," the relevant provisions of the first instance verdict, demands an immediate end to unfair competition, Jiangsu rehabilitation behavior, the "rehabilitation Human Rights Defenders" (www.ikwq.net) recovered in defamation Beijing, Shanghai and rehabilitation of statements deleted; Jiangsu rehabilitation of its unfair competition in the "Economic Times", "China Daily", "Liberation Daily" Sina (www.sina.com.cn) published a statement on the apology, eliminate the influence; Shanghai, Jiangsu rehabilitation compensation for the plaintiff recovered, Beijing rehabilitation of 50,000 yuan; also rejected two other claims the plaintiff.
(text names, company is a pseudonym)