名誉权侵权

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短剧被质疑“碰瓷”华为、小米,抖音:无法判定是否违规
Xin Lang Cai Jing· 2025-07-10 02:35
Core Viewpoint - A short drama titled "After Being Laid Off, the Female CEO Regrets" has drawn attention due to its similarities in character names and plot with Huawei and Xiaomi, raising concerns about potential legal implications related to intellectual property and personality rights [1][8]. Group 1: Plot and Characters - The male protagonist, Yu Chengdong, is focused on the autonomous driving sector and is depicted as being wrongfully dismissed by CEO Song Mingzhu of Tengyuan Group, later being recruited by Su Qi, chairman of Xiaomi Group, with a high salary [1]. - The drama features a plot where Yu Chengdong ultimately defeats Tengyuan Group at an automotive summit and acquires the company, leading to the dismissal of Song Mingzhu [1]. Group 2: Legal Concerns - The drama has been criticized for potentially infringing on the rights of real-life individuals and companies due to the close resemblance of character names and company names to those of Huawei and Xiaomi [1][9]. - Legal experts suggest that even indirect references to real individuals or companies can lead to claims of "implied behavior," which may infringe on trademark rights and could damage the reputation of the referenced entities [9][10]. - It is recommended that creators of such dramas obtain authorization from the real-life figures they are portraying and clarify which elements are fictional to mitigate legal risks [9][10].
被指侵权后反击!永太科技诉天赐材料名誉侵权,要求赔偿近5752万元
Mei Ri Jing Ji Xin Wen· 2025-07-03 15:09
Core Viewpoint - Yongtai Technology has initiated legal action against Tianci Materials, claiming defamation and seeking compensation of 57.52 million yuan after Tianci accused Yongtai of infringing on its trade secrets [1][5]. Group 1: Legal Actions - Yongtai Technology and its subsidiary Shaowu Yongtai High-tech Materials Co., Ltd. have filed lawsuits against Tianci Materials, demanding a total compensation of 57.52 million yuan for defamation [1]. - The lawsuits were filed in response to Tianci Materials' claims regarding the illegal acquisition of its liquid lithium hexafluorophosphate technology by former employees [5]. Group 2: Company Responses - Yongtai Technology has stated that it only produces solid lithium hexafluorophosphate and has not engaged in the production or sale of the liquid variant involved in the dispute [5]. - The company asserts that it has not purchased any trade secrets from the former employee of Tianci and that the technology in question was developed independently [5]. Group 3: Allegations and Counterclaims - Tianci Materials has accused Yongtai Technology of using its illegally obtained technology in a project with an annual capacity of 134,000 tons of liquid lithium salt [5]. - Yongtai Technology claims that Tianci has repeatedly used media to defame the company and that these actions are intended to influence ongoing bidding processes, thereby attempting to eliminate competition [5].
被网暴如何维权?如何收集保存证据?法官解答
Yang Shi Xin Wen Ke Hu Duan· 2025-06-13 08:10
Core Viewpoint - The article highlights the increasing incidents of online harassment and defamation among fans, particularly in the context of celebrity culture, and emphasizes the legal implications of such actions [1][10]. Group 1: Case Overview - A notable case involves a fan, Ms. Chen, who faced severe online harassment after expressing her views on a performance by a well-known comedian, leading to a public outcry from other fans [3][6]. - The harassment escalated to the point where Ms. Chen received threats and her personal information was shared publicly, resulting in significant emotional distress [5][6]. Group 2: Legal Proceedings - Ms. Chen collected evidence, including screenshots and videos, and filed a lawsuit against the fan account responsible for the harassment, seeking removal of defamatory content and compensation for damages [6][9]. - The court found that the actions of the fan account constituted a clear violation of Ms. Chen's right to reputation, leading to a ruling in her favor [8][9]. Group 3: Legal Implications and Responsibilities - The case serves as a reminder that online anonymity does not exempt individuals from legal accountability for their actions, as laws protect individuals from defamation and harassment [10]. - The article stresses the importance of responsible online behavior and the need for individuals to refrain from spreading false information or engaging in harassment [10]. Group 4: Evidence Collection - The article provides guidance on how individuals can collect and preserve evidence in cases of online harassment, including identifying account details and documenting content through screenshots and recordings [11][12].
相声演员粉丝超话账号“挂人”号召网暴,法院:构成名誉侵权
Nan Fang Du Shi Bao· 2025-06-12 07:04
Core Viewpoint - The case highlights the legal consequences of online harassment and the responsibilities of account managers in protecting individuals' rights, emphasizing the need to prevent online violence and defamation [1][2]. Group 1: Case Details - The case involves a well-known crosstalk actor's fan account that publicly shamed an individual, Chen, after a disagreement over a performance review, leading to online harassment [1]. - The court ruled that the account managers, Meng and Gao, must delete the harmful information, publicly apologize, and compensate Chen for damages due to the infringement of his reputation [2]. Group 2: Legal Implications - The Supreme Court's ruling serves to enhance public legal awareness regarding the misuse of online platforms for defamation and harassment, stressing that both individuals and organizations must refrain from such actions [2]. - The judgment aims to maintain social order and reduce instances of online violence, indicating a broader societal impact beyond the individual case [2].
最高法发布案例明确:个人不得擅自发布悬赏广告征集违法犯罪线索
Xin Jing Bao· 2025-06-12 03:10
Core Viewpoint - The Supreme People's Court has ruled that individuals cannot arbitrarily publish reward advertisements to solicit information about others' alleged illegal activities, as it constitutes defamation [1][2]. Group 1: Case Details - A development company sued an individual, Zheng, for defamation after he posted a reward advertisement on social media seeking information about the company's alleged illegal activities [1]. - Zheng's advertisement claimed he would reward individuals who provided verified evidence of the company's wrongdoing, which led to a lawsuit from the company demanding the removal of the advertisement and compensation for damages amounting to over 32,000 yuan [1]. Group 2: Court's Ruling - The court determined that only public authorities, such as the police, should issue reward advertisements for soliciting information about illegal activities, and that Zheng's actions misled the public into believing the company was involved in wrongdoing, thereby harming its reputation [2]. - The final judgment required Zheng to delete the infringing content, publicly apologize to the development company on his social media account, and pay over 7,000 yuan in damages [2].
赔偿胖东来40万元、道歉30天!“红内裤”事件博主案一审判了
21世纪经济报道· 2025-05-30 02:54
Core Viewpoint - The court ruled in favor of the plaintiff, Xuanchang City Pang Donglai Trading Group Co., Ltd., ordering the defendant, Duan, to issue a public apology and pay 400,000 yuan in damages for defaming the company's reputation through misleading social media posts [1][9]. Group 1: Court Ruling and Damages - The court ordered Duan to publish a video apology on his Douyin account and to keep it online for at least 30 days [1][9]. - Duan was found liable for damages amounting to 400,000 yuan due to the negative impact his actions had on the plaintiff's reputation [9][10]. - The ruling emphasized that Duan, as a self-media practitioner with over a million followers, should have recognized the potential harm of spreading unverified claims [8][9]. Group 2: Background of the Case - The dispute originated when Duan reported issues with a red women's underwear product purchased from Pang Donglai, claiming it caused allergic reactions [10]. - Following Duan's claims, Pang Donglai took immediate action by removing the product from sale and conducting quality tests, which confirmed the product met standards [10][11]. - Duan's video, which accused the product of being defective, led to widespread negative perceptions of the brand, prompting other retailers to also remove the product from their shelves [10][11]. Group 3: Company Response and Future Actions - Pang Donglai stated its commitment to protecting its brand reputation and indicated that it would pursue legal action against serious infringements with potential claims starting at 1 million yuan [11]. - The company released a detailed investigation report to counter the claims made by Duan, highlighting the lack of direct causation between the product and the alleged allergic reactions [10][11].
胖东来突发,官网“已关闭”!许昌对胖东来玉石开展检查,结果公布:合规!
证券时报· 2025-05-06 04:58
Core Viewpoint - The article discusses the compliance and operational status of Pang Dong Lai Yu Shi Company following a routine inspection by the market supervision department in Xuchang, addressing recent allegations of price gouging and product quality issues raised by a social media influencer [1][4]. Group 1: Compliance and Sales Data - Pang Dong Lai Yu Shi Company sold a total of 4,177 pieces of Hetian jade from January to April 2025, generating sales revenue of 29.592175 million yuan, with an average gross profit margin not exceeding 20% [4]. - All currently sold Hetian jade products are clearly priced as per regulations, and the randomly checked 13 items had complete procurement documentation and valid certification from accredited institutions [4]. Group 2: Response to Allegations - The founder of Pang Dong Lai, Yu Dong Lai, publicly responded to allegations made by the influencer "Chai Dui Dui," stating that if such defamatory actions are not penalized, he would consider shutting down the business [4]. - Following the complaints, Douyin (TikTok) took down 29 videos from "Chai Dui Dui" for suspected infringement, and the account was restricted for one month [5]. Group 3: Business Performance - In April 2025, Pang Dong Lai reported a sales figure of 1.749 billion yuan, with a cumulative annual sales exceeding 8 billion yuan, reaching 8.027 billion yuan [6]. - The main business segments contributing to sales include supermarkets (944.7 million yuan), jewelry (185 million yuan), and department stores (176 million yuan), collectively accounting for over 70% of total sales for the month [6].
胖东来官网“已关闭”,最新回应!
券商中国· 2025-05-06 04:08
Core Viewpoint - The article discusses the recent controversies surrounding the company "胖东来" (Pang Dong Lai), including its website closure, legal actions against a social media influencer, and market inspections by local authorities. Group 1: Company Status - The official website of Pang Dong Lai is currently marked as "closed," with content removed, and the company has stated that this closure will last for an unspecified period while maintenance is conducted [1]. Group 2: Legal Issues - Influencer "柴怼怼" (Chai Dui Dui) accused Pang Dong Lai of selling low-cost jade at exorbitant prices and criticized the quality of its products. In response, Pang Dong Lai filed a lawsuit for defamation and has initiated legal proceedings against the influencer [2]. - Pang Dong Lai's founder, 于东来 (Yu Dong Lai), expressed on social media that if the influencer's actions are not penalized, he would consider shutting down the company permanently [2]. - Following the complaints, the Douyin platform took action against the influencer, removing 29 videos that were deemed infringing and restricting the account's posting privileges for one month [3][4]. Group 3: Market Oversight - During the recent holiday period, the local market supervision authority conducted inspections on Pang Dong Lai's jewelry sales, specifically focusing on its sales of Hetian jade. The inspection revealed that from January to April 2025, the company sold 4,177 pieces of jade, generating sales of approximately 29.59 million yuan, with an average gross margin not exceeding 20% [3]. - The inspection confirmed that all products were properly priced and that the company maintained complete and valid procurement documentation for the sampled items [3].
胖东来宣布:起诉!追责不低于100万
21世纪经济报道· 2025-04-06 00:39
Core Viewpoint - The company "胖东来" has initiated legal action against a social media influencer for defamation related to claims about a product quality issue, specifically concerning red underwear that allegedly caused allergic reactions. The company is seeking damages of no less than 1 million yuan [1][3][8]. Group 1: Legal Actions - The lawsuit against the influencer, known as "两个小段," is based on claims that the influencer's video on Douyin (TikTok) led to significant negative publicity and customer complaints for the company [1][3]. - The company has reported a total of 7 ongoing lawsuits and 9 additional cases it plans to pursue, indicating a broader strategy to protect its brand reputation [2][3]. - The company is pursuing damages of at least 1 million yuan for the defamation case, reflecting the seriousness with which it views the impact of the influencer's statements [1][8]. Group 2: Company Response and Investigation - Following the initial claims, the company established a special investigation team and temporarily removed the affected product from shelves, demonstrating a proactive approach to customer concerns [6]. - A detailed investigation report was released, confirming that the product in question met quality standards, but the company acknowledged failures in handling customer complaints and has taken disciplinary actions against staff involved [6][7]. - The company has committed to compensating affected customers and has implemented measures to improve its complaint handling processes [6][8]. Group 3: Public and Media Reaction - The incident has sparked significant public interest and debate, with the founder of the company emphasizing the need for rational discourse and accountability in public statements [11]. - The influencer involved has since issued a statement denying malicious intent and expressing regret for the emotional nature of their comments, indicating a recognition of the incident's broader implications [13][14]. - The situation has led to a ripple effect, with other retailers reportedly removing the brand's products from their shelves, further complicating the company's market position [7][8].