不正当竞争
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市场监管总局:2024年共查办不正当竞争案件14188件
news flash· 2025-06-20 02:18
Group 1 - The State Administration for Market Regulation emphasizes the importance of protecting commercial secrets and has been conducting special enforcement actions against unfair competition for several years [1] - In 2024, market regulatory authorities across the country handled a total of 14,188 cases of unfair competition, with 143 cases specifically related to the infringement of commercial secrets [1]
抖音副总裁回应遭遇“黑公关”:系某电商平台授意造谣攻击,下次要点名
Xin Lang Ke Ji· 2025-06-20 02:02
Core Points - Douyin accused a public relations company, "Xinzhi Bailue," of fabricating false information about certain home appliance companies engaging in illegal activities on a well-known e-commerce platform [1][5] - The investigation by public security authorities confirmed the wrongdoing, leading to administrative penalties for the involved personnel [6] - Douyin's Vice President, Li Liang, stated that "Xinzhi Bailue" was instructed by a large e-commerce platform to spread rumors against Douyin, highlighting the unethical practices of marketing accounts [1][4] Group 1 - The public relations company "Xinzhi Bailue" was found to have directed its employees to disseminate false information, which resulted in significant negative impact [1][6] - The accounts operated by "Xinzhi Bailue" primarily promote their clients positively while criticizing competitors, including Douyin, through misleading reports and rumors [1][3] - Li Liang emphasized the clever tactics used by the e-commerce platform to spread rumors, including using secondary accounts to initially post rumors and then deleting them to avoid accountability [1][4] Group 2 - The false information spread by "Xinzhi Bailue" not only targeted Douyin but also affected well-known companies like Gree, Midea, Hisense, and TCL, misleading public opinion and leading to media coverage [8][9] - The company has a history of being involved in similar defamation cases, having faced lawsuits from various enterprises for reputation infringement [9] - Douyin is committed to using legal means to protect its rights against such "black public relations" and unfair competition practices, urging collective efforts to combat rumors and foster a healthy online environment [9]
不正当竞争!杭州纯真宠物科技集团有限公司被罚10万
Qi Lu Wan Bao· 2025-06-15 23:03
Core Viewpoint - Hangzhou Pure Pet Technology Group Co., Ltd. was fined 100,000 yuan for fabricating and disseminating false or misleading information that harmed the business reputation and product reputation of competitors [1][2]. Summary by Relevant Sections Company Information - Hangzhou Pure Pet Technology Group Co., Ltd. was established on April 15, 2020, with the legal representative being Cao Jia [6][7]. - The company primarily engages in the development and operation of animal food (feed) and owns the brand "Brand" [1][2]. Violation Details - The company entered into a contract with a third-party service provider to implement price control on its animal food products sold on the Taobao platform [1]. - The third party initiated malicious complaints against stores that refused to comply with price control, using the company's registered account to file trademark infringement complaints [1][2]. - The method involved creating false trademark infringement reports using Photoshop and incomplete product traceability codes, which the company knowingly endorsed by affixing its official seal [1][2]. Administrative Penalty - The Hangzhou Xiaoshan District Market Supervision Administration imposed a fine of 100,000 yuan on the company for violating Article 11 of the Anti-Unfair Competition Law of the People's Republic of China [2][5]. - The company had ceased the related activities prior to the case being reported and cooperated with the investigation, which was considered in the penalty decision [2][5].
10块钱买一条“中华”?低价茶打擦边球仿香烟售卖
Xin Jing Bao· 2025-06-15 07:28
Core Viewpoint - The article highlights the issue of tea products being sold in packaging that closely resembles well-known cigarette brands, particularly "中华" (Zhonghua), which raises concerns about consumer deception and potential legal violations related to trademark infringement and misleading advertising [8][20][21]. Group 1: Product Description and Consumer Experience - The tea products are packaged in boxes that mimic the appearance of cigarette brands like "中华," "荷花," and "南京," with prices around 10 yuan or 9.9 yuan per package [4][6][19]. - Consumers have reported confusion and disappointment upon receiving the products, as they expected cigarettes but received tea instead, leading to negative reviews and claims of being misled [4][10][15]. - The tea quality has been criticized, with industry experts stating that the products do not meet the standards of the advertised types, such as "肉桂" (Rougui) and "大红袍" (Da Hong Pao) [22][24]. Group 2: Legal and Regulatory Concerns - Selling cigarettes online is illegal under Chinese law, and the use of similar packaging for tea products may constitute trademark infringement and unfair competition [8][20][21]. - The packaging of the tea products is argued to infringe on the trademark rights of "中华" cigarettes, as the design and branding are closely associated with the well-known cigarette brand [20][21]. - Legal experts suggest that the tea products' packaging could mislead consumers and harm the reputation of the "中华" brand, potentially leading to legal action [20][21]. Group 3: Market Implications - The article indicates a growing trend of using deceptive marketing practices in the tea industry, where low-quality products are sold at low prices, often misleading consumers [22][24]. - The presence of such products in the market raises concerns about consumer protection and the integrity of e-commerce platforms, as they may facilitate the sale of counterfeit or substandard goods [22][24]. - The situation reflects broader issues within the tea industry regarding quality control and the need for better regulation to protect consumers from misleading practices [22][24].
资本游戏还是两方对垒?护肤品牌绽美娅卷进隔空骂战的隐秘角落
经济观察报· 2025-06-13 12:54
Core Viewpoint - The ongoing disputes in the beauty industry reflect marketing strategies and tactics, with conflicts becoming a means to generate traffic, ultimately harming consumers who struggle to discern product authenticity [1][4]. Group 1: Dispute Overview - The conflict began when Aierfu criticized Zhenmeiya for allegedly misleading claims regarding the development of artificial skin technology, which Aierfu claims infringes on its patented technology [2][4]. - Zhenmeiya responded by asserting that it developed its own technology unrelated to Aierfu's patents, claiming that Aierfu's patent had expired and thus entered the public domain [3][9]. Group 2: Patent and Technology Details - Aierfu holds a patent for "tissue-engineered skin," which was reported to have expired in October 2021, while Zhenmeiya claims its technology is based on a different patent for a 3D epidermal model used in skincare product testing [7][9]. - The core of the dispute revolves around the interpretation of patent rights and the distinction between patent inventors and patent holders, with both companies asserting their respective claims [7][12]. Group 3: Industry Implications - The frequent conflicts in the beauty industry indicate a lack of transparency and standards, leading to confusion among consumers regarding product claims and authenticity [21][22]. - Experts suggest that the industry needs to establish clearer standards and verification mechanisms to help consumers make informed decisions about beauty products [22].
“遭批量水军攻击”!抖音高管发声→
新华网财经· 2025-06-10 11:46
大量账号在618大促期间集中发布同质化内容,援引不明真伪的商家后台截图称抖音退货率超过 90%、商家无法经营、号召或者直接断言商家都在向某传统电商平台转移; 发帖账号很多是没有认证信息的低粉丝量账号,历史发文很少,IP归属地相对集中; 很多截图中显示的退款率数字与帖子中的"90%"明显不符,时间也不一致,甚至有发帖人在评论 区中直接承认自己是为了广告费而捏造身份发布不实信息——"赚个广子费而已,不要这么认真, 我没有开抖店,也不做服装"。 智慧板报 25-6-10 14:57 发布于 北京 来自 微博网页版 10日下午,抖音黑板报官微发布《关于批量"水军"账号在社交媒体集中攻击抖音电商的情况说明》。 说明称, 近日,抖音电商关注到618大促期间,社交媒体上出现了大批同质化内容,冒充商家身份诋毁 抖音电商,相关账号及行为存在明显异常,具有典型的"水军"特征。 异常行为主要表现为: 说明表示,目前, 已对上述不正当竞争行为完成证据保全工作,后续将通过法律途径维权 。 近日,抖音电商关注到618大促期间,社交媒体上出现了大批同质化内容,冒充商 家身份诋毁抖音电商。相关账号及行为存在明显异常,具有典型的"水军"特征。 ...
遭遇商标“碰瓷”,蜜雪冰城获赔80万元+登报声明!
2 1 Shi Ji Jing Ji Bao Dao· 2025-06-05 07:15
Core Viewpoint - The "MIXUE" brand has successfully won a trademark infringement case against "MINIANXUE," resulting in a compensation of 800,000 yuan for economic losses and 140,000 yuan for reasonable expenses [2][8]. Group 1: Case Background - The case involves a trademark infringement and unfair competition lawsuit filed by MIXUE against Inner Mongolia MINIANXUE, which registered the "MINIANXUE" trademark and allowed others to use it for selling beverages [3][5]. - MIXUE claims that the actions of Inner Mongolia MINIANXUE and its franchise stores constitute trademark infringement and unfair competition, seeking to stop the infringement and eliminate its impact through public announcement [3][7]. Group 2: Court's Findings - The court determined that "MIXUE" and "MINIANXUE" are similar enough to cause confusion among the public, especially given the use of similar colors in store signage and decor [5][6]. - The court noted that the public could easily misinterpret the relationship between the two brands due to the high degree of similarity in the main identifying parts of the trademarks [6][7]. Group 3: Legal Proceedings and Outcomes - The first-instance court ruled in favor of MIXUE, ordering Inner Mongolia MINIANXUE to cease its infringing activities and pay compensation totaling 940,000 yuan [8]. - Inner Mongolia MINIANXUE appealed the decision, but the higher court upheld the original ruling, confirming the findings of trademark infringement and unfair competition [8][9]. Group 4: Previous Disputes - This is not the first legal dispute between MIXUE and Inner Mongolia MINIANXUE; in 2023, Inner Mongolia MINIANXUE had previously filed an administrative lawsuit regarding the invalidation of its trademark, which was ruled against by the Beijing Intellectual Property Court [9][10].
“胶原蛋白”之争:莫让科学探讨沦为无意义口水战
Xin Jing Bao· 2025-06-05 04:44
Core Viewpoint - The ongoing controversy surrounding the collagen product from Juzhibio's brand Kefu Mei highlights a significant conflict between two major players in the medical beauty industry, Juzhibio and Huaxi Biological, which may represent a deeper technical rivalry between recombinant collagen and hyaluronic acid [1][2]. Group 1: Company Actions and Responses - Juzhibio confirmed that its Kefu Mei Human-like recombinant collagen essence contains more than 0.1% recombinant collagen, countering claims made by beauty blogger "Big Mouth Doctor" that the actual content was only 0.0177% [1]. - Following the allegations, Huaxi Biological publicly supported the claims made by the beauty blogger, escalating the conflict between the two companies [1]. - The dispute has led to a series of emotional exchanges between the companies, with accusations of malicious competition and misinformation being exchanged [2]. Group 2: Consumer Concerns and Industry Implications - Consumers are primarily concerned about the quality and compliance of the medical beauty products rather than the corporate disputes, indicating a need for clarity and assurance regarding product safety [2]. - The controversy has overshadowed scientific standards, with conflicting reports and a lack of consensus on the testing methods used, leading to confusion among consumers [2][3]. - The ongoing conflict reflects deeper issues within the medical beauty industry, such as unclear product standards and marketing boundaries, which have allowed for such disputes to arise [3]. Group 3: Regulatory and Industry Response - The situation calls for neutral arbitration from regulatory bodies to investigate the claims and provide credible testing reports to resolve the dispute and restore consumer trust [2]. - The market regulatory authorities have issued guidelines to strengthen oversight of the medical beauty industry, aiming to address long-standing issues such as false advertising and lack of transparency [3]. - This public incident could serve as an opportunity for the industry to establish clearer standards and regulations, ultimately benefiting both the sector and consumers [3].
360 起诉索赔 500 万,被告程序员自称无盈利,诉讼成本一两百万,欲哭无泪…
程序员的那些事· 2025-05-24 14:26
算法爱好者 . 算法是程序员的内功!「算法爱好者」专注分享算法相关文章、工具资源和算法题,帮程序员修炼内 功。 近日,已停止运营的聚合搜索引擎 F 搜陷入法律风波,其开发者在 V 站发帖透露,F 搜被 360 起诉并索赔 500 万元。 这一消息引发了众多关注,也让人们再次将目光聚焦于搜索引擎领域的竞争。 以下文章来源于算法爱好者 ,作者小蒜 开发者自称咨询律师后发现,应对诉讼可能需要 1-2 年时间及 100-200 万元费用,而 F 搜本身并非营利项 目,无力承担这一成本。 F 搜主要通过调用谷歌和必应的搜索结果,运用自身算法进行整理,帮助用户高效获取所需内容,同时过滤掉 一些垃圾站点。2022 年,F 搜因域名被暂停解析,最终停止运营。 360 的诉求 此次 360 起诉 F 搜,一共提出了四项诉求。 F 搜开发者的回应 首先,要求 F 搜两被告立即停止不正当竞争行为,即停止实时访问、抓取、储存并使用 360 的图片搜索 数据。 其次,判令被告一在(早已关闭的)F 搜网站、(实际并不存在的)F 搜官方微信公众号以及官方新浪微 博的显著位置刊登声明消除影响,刊登时间不少于 30 日,字体为五号,显示范围全 ...
低价销售行为的多维剖析:影响、竞争性质与法律边界
Sou Hu Cai Jing· 2025-05-19 11:39
Group 1 - The core issue of low-price sales is its significant impact on market order and brand development, with complaints related to low-price sales increasing by 18% year-on-year in 2024 [1] - Low-price sales lead to a "price avalanche effect," causing a 40% decline in monthly sales for businesses maintaining original prices, forcing 70% of industry players to follow suit, resulting in a 12% drop in overall profit margins [3] - The prevalence of counterfeit products in low-price sales is alarming, with 35% of such products being fake, leading to a 200% increase in complaints for a major international beauty brand and a 27 percentage point drop in brand reputation within six months [3] Group 2 - Not all low-price sales are illegal; they must be assessed based on intent, market impact, and legal criteria, with examples of unfair competition including predatory pricing and counterfeit sales [4] - Legal low-price sales can occur under specific circumstances, such as managing perishable goods or promoting new products with a clear promotional period, as demonstrated by a supermarket increasing turnover of near-expiry goods by 60% [5][6] - The legal framework allows for price reductions based on cost savings or seasonal adjustments, provided they do not harm other businesses or disrupt market order [7]