Is it a grievance?The Supreme Court's final hammer rules: TCL constitutes commercial slander, and competition in the industry should comply with legal and commercial ethics

The TCL Ace Electric (Huizhou) Co., Ltd. (hereinafter referred to as TCL) slandered the Hisense Laser TV case to usher in the final hammer of the Supreme People's Court. On July 11, a reporter's "(2021) Supreme Law Civil Shen Sheng 6512 Civil Ruling" showed that the Supreme Court rejected TCL's retrial application in accordance with the law and ruled that TCL posted a video on the official Weibo and Douyin account. The behavior composition of the business slander of Hisense Video Company, it is determined that the court of second instance requires the TCL to publicly publish a statement to eliminate the impact and determine TCL compensation for Hisense 2 million yuan. It is particularly noteworthy that the Supreme Court stated in the ruling that TCL, as a competitors of Hisense, should abide by law and commercial ethics, cannot harm the goodwill of others, and mislead the public. The latest jurisprudence of the Supreme Court, at the moment when some companies, especially mobile phone manufacturers are accustomed to bumping into porcelain because of competition, are very valuable.

The civil ruling of the Supreme Court shows that TCL applied to the Supreme Court for re -examination that the infringing video adopted an artistic presentation method, and there was no false or misleading information. The intention of damaging competitors' goodwill. The opinions submitted to the Supreme Court of Hisense Video believe that the TCL is complained that the infringing video has false and misleading information, which is a virginity and is a behavior that violates the order of commercial ethics and market competition, not normal product promotion behavior.

The Supreme Court determined that: TCL, as a competitors of Hisense, compares or criticize others' products or criticizes the principles of honesty and trustworthiness, complies with laws and commercial ethics, objectively, authentic, and neutrally evaluates. Reputation, misleading the public. As a competitor of the industry, the description of real information should also be objective and comprehensive. The one -sided and inaccurate of the voicing behavior can easily lead to a wrong understanding of consumers to related products, which will affect consumers' decisions, and negatively affect the business reputation and product reputation of Hisense, harming the interests of Hisense. Therefore, the court of the second instance determined that the complaint of TCL constituted a business slander of Hisense.

At the same time, the Supreme Law determined that because the TCL's indictment has constituted a business slander, it has a negative impact on the business reputation or product reputation of Hisense. Hisense Laser TV's popularity, TCL release of infringement videos' influence and infringement consequences in the relevant public, and the amount of compensation is 2 million yuan.

It is understood that it is not uncommon for companies to slander because of fierce competition, but cases such as TCL faked in the name of consumers to shoot short videos to slander competitors in their official accounts are very rare. Between enterprises and the only laser TV in China that has achieved technology and industry leading advantages around the world, the TCL business slander Hisense Laser TV has attracted much attention from the industry and consumers since the first instance exposure. Then the final ruling of the Supreme Court, this "first case of Chinese business slander" has come to an end.

In December 2019, TCL's official Weibo and official Douyin released the "TCL TV" official Weibo and official Douyin released the false infringement video containing false information and misleading information for laser TV products. On November 27, 2020, the first instance of the Qingdao Intermediate People's Court ruled that TCL constituted a commercial slander and compensated the plaintiff's economic loss of 500,000 yuan. After the first trial, both Hisense video and TCL companies were dissatisfied with the verdict, and both appealed to the High Court of Shandong Province and added relevant evidence. The second trial judgment on August 2, 2021: The court of first instance determined that the complaint of TCL Company constituted a business slander of Hisense. As a direct competitor of Hisense, TCL Company, in the name of the infringing video, fakes the consumer's name to commercialize the Hisense laser TV. Hisense's economic loss and reasonable expenditure of 500,000 yuan were significantly too low. It was adjusted to 2 million yuan in accordance with the law. It was determined that TCL published a statement on the top of its official Weibo to eliminate the impact.

Business slander competitors, TCL also stared at Midea air conditioners after Hisense video. The article published by the Supreme People's Court's "People's Court News" on May 6 shows that TCL was judged by the people's Court of Chancheng District, Foshan City, Guangdong Province as a false publicity and business slander due to the "not as good as a fan" in the air conditioner that slandered the beauty. The air conditioner compensated 300,000 yuan. The case was also selected as the top ten cases of intellectual property protection of the Guangdong Court of Intellectual Property in 2021.

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