“贴脸广告”引争议 两款三国游戏打官司 一审判赔100万

Core Viewpoint - The court ruled that the advertising practices of "Three Kingdoms: Strategy Edition" in the "Three Kingdoms Strategy Edition Bar" constituted unfair competition, leading to a joint liability for compensation of 1 million yuan by Bilibili and Baidu [11][13]. Group 1: Legal Proceedings - The operator of "Three Kingdoms: Strategy Edition" filed a lawsuit against the advertising practices of "Three Kingdoms: Planning the World," claiming that the ads caused consumer confusion and constituted unfair competition [4][6]. - The court found that the advertising methods used were likely to mislead the public into believing that the two games had a cooperative relationship, thus causing market confusion [11][12]. - The court ordered Bilibili and Baidu to jointly compensate the plaintiff for economic losses and reasonable expenses totaling 1 million yuan, along with a seven-day public statement in the "Three Kingdoms Strategy Edition Bar" to mitigate the impact of the unfair competition [13]. Group 2: Advertising Practices - The plaintiff argued that the ads were prominently displayed in various locations on the "Three Kingdoms Strategy Edition Bar," leading to direct competition and consumer confusion [4][6]. - The defendant claimed that the advertising was a normal business practice in a public space and that the plaintiff had no legal rights over the advertising space [8][9]. - The court acknowledged that while advertising in competitive spaces is permissible, the specific practices in this case led to significant consumer confusion, violating the Anti-Unfair Competition Law [12]. Group 3: Company Responses - The operator of "Three Kingdoms: Planning the World" announced plans to appeal the ruling, asserting that the court's recognition of confusion was unfounded [3]. - The defendants maintained that the advertising was clearly marked and did not infringe on the plaintiff's rights, arguing that users could distinguish between the two games [9][10]. - Baidu defended its role as an advertising platform, stating that it had fulfilled its obligations in terms of content review and should not bear legal responsibility [10].