擅自售卖联名周边赠品 网店被判不正当竞争

Core Viewpoint - The article discusses a legal case regarding unfair competition in the marketing of a beverage brand, where a seller was found to be unlawfully selling promotional merchandise that was intended to be bundled with drinks, leading to a court ruling against the seller for damages [1][3]. Group 1: Legal Case Overview - The Chengdu Railway Transportation First Court ruled that the defendant, Yan, engaged in unfair competition by selling promotional items that were not authorized for separate sale, resulting in a compensation order of over 21,570 yuan to the beverage brand [1][3]. - The beverage brand had planned a marketing campaign set to launch on November 8, 2024, and had explicitly instructed its franchise stores not to sell promotional materials before the campaign began [2][3]. Group 2: Details of the Unfair Competition - Yan purchased the promotional items from a franchisee of the beverage brand and resold them through an online store, generating sales of 30,951.33 yuan, which the brand claimed infringed on its rights [2][3]. - The court found that Yan's actions constituted unfair competition as he exploited the brand's marketing efforts and customer base, violating principles of good faith and basic business ethics [3].