IT House reported on May 8 that the “People’s Court News”, which is in charge of the Supreme People’s Court, published the case of the Chancheng Court on May 6.One-sided comparison of similar products in live broadcast constitutes commercial slander – TCL Zhongshan Company was sentenced to compensate Midea Company 300,000 yuan“.
According to reports, recently, the People’s Court of Chancheng District, Foshan City, Guangdong Province concluded a case of unfair competition caused by live broadcast evaluation. The first instance judged that the defendant TCL Zhongshan Company should compensate the plaintiff Midea Company for economic losses and reasonable expenses. 300,000 yuan.
Midea Company produces and sells air-conditioning products, and the air-conditioning products it produces use the “Midea” series of trademarks and the related technologies of “Windless”. On April 15, 2020, TCL Zhongshan Company compared the “soft air conditioner” produced by it with other air conditioner products in the form of on-site inspection during the live broadcast tasting meeting of the general manager of TCL Soft Air Air Conditioning on the live broadcast platform. The test results were evaluated and it was concluded that “‘soft wind air conditioner’ is far better than ‘windless air conditioner’” and “TCL soft wind air conditioner wins”.Friends and merchants have lost even the wind, is the cooling effect still there?“”Not even a fan” and other words to evaluate air-conditioning products.
Midea believes that TCL Zhongshan conducted air-conditioning products during the live broadcast event.One-sided comparisonand publishing relevant content on the official account constitutes false publicity and commercial slander.
IT Home understands that the court held that the on-site inspection carried out by TCL Zhongshan during the live event was in itsCompleted under unilateral controlthe corresponding test environment and the selection process of the evaluation products were not explained, introduced and disclosed in detail, which could not reflect the objectivity of the test environment and test data, and there was also a lack of evidence to prove that TCL Zhongshan obtained the relevant products based on the current test data. Therefore, it is determined that the evaluation of TCL Zhongshan Company’s “soft air conditioner” and “windless air conditioner” in the live broadcast event is a one-sided comparison of the products.
This one-sided comparison improperly distorts relevant information, thereby promoting the “soft air conditioner” product, allowing TCL Zhongshan to obtain more trading opportunities, constituting false propaganda, and at the same time depreciating the “windless air conditioner” including Midea. The reputation of the manufacturer’s products constitutes commercial slander. Therefore, the court made the above judgment in accordance with the law. After the verdict,Both parties sued.
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