Weiya Won The Lawsuit Against "Weiya Yanxuan": The Latter Constituted Unfair Competition And Compensated 400000 Yuan

        It is reported that in December 2020, the anchor Weiya and its affiliated Qianxun (Hangzhou) Cultural Media Co., Ltd. sued Weiya yanxuan (Guangzhou) Supply Chain Management Co., Ltd. (hereinafter referred to as Weiya yanxuan company) to the Binjiang Court on the grounds of unfair competition, requesting a judgment to stop the infringement and compensate for the losses.

      During the defense period, Weiya yanxuan company raised objection to the jurisdiction. Binjiang court ruled in accordance with the law. Weia strictly selected company filed an appeal. Hangzhou intermediate people's Court maintained it.

Subsequently, weia and her company applied for the preservation of conduct. On March 9, 2021, Binjiang court held a hearing on behavior preservation, and made a ruling on behavior preservation, ruling that Weiya yanxuan company immediately deleted or changed the nickname and personal introduction of "Weiya yanxuan", and the new nickname and personal introduction should not contain the word "Weiya".

On March 26, the case was heard in the circuit court.

      After hearing the case, the court held that the plaintiff Weiya and Qianxun company had a large amount of continuous use and promotion of the stage name "Weiya". In the field of live sales and Internet, consumers have established a close market connection between the stage name "Weiya" and Weiya, which has a high popularity. The plaintiff Weiya signed a contract with the plaintiff Qianxun company, authorized the plaintiff Qianxun company to use its stage name "weia", and enjoyed the legal rights and interests of the commercial use of the stage name "weia". After the plaintiff Weiya and Qianxun company's long-term and continuous use and promotion of the stage name "Weiya", the stage name "Weiya" has not only played a role as a stage name, but also has the role of identifying the source of goods and services. Therefore, the stage name "Weiya" not only belongs to Weiya's name, but also has the attribute of personality right. As a commercial mark in the business activities of Weiya and Qianxun, it has the dual attributes of personality right and property right, and is protected by the civil code of the people's Republic of China and the Anti Unfair Competition Law of the people's Republic of China.

        Because the business entity of "Weiya yanxuan" account is certified as the defendant Weiya yanxuan company, and the corresponding legal person information shall be provided and relevant audit shall be conducted by the platform. When Weiya yanxuan company did not reply and did not provide evidence to the contrary, Binjiang court found that the defendant Weiya yanxuan company was the operator of "Weiya yanxuan" account.

      The nickname, head portrait and personal profile of Weiya yanxuan company, the defendant, contained the word "Weiya" in its shuoyin "Weiya yanxuan" account. This behavior belongs to the situation of using "Weiya" or its enterprise brand name in the process of production and operation. The defendant Weiya yanxuan company, through the way of shaking tone authentication, showed the enterprise's brand name in the "Weiya yanxuan" account, which misled the relevant public into thinking that there was a corresponding relationship between the defendant's Weiya yanxuan company and the shaking tone's "Weiya yanxuan" account, which belonged to the use of enterprise's brand name on the Internet platform.

The defendant Weiya yanxuan company actually operated the live broadcast sales business in Shuo Yin, which was the same or similar to the business scope of the plaintiff Weiya and Qianxun company. Moreover, the defendant Weiya yanxuan company was established later than the stage name "Weiya" with high popularity. He still registered "Weiya yanxuan" containing "Weiya" as an enterprise name, which had great subjective intention to attach "Weiya" popularity, and intended to use "Weiya" reputation and social influence to seek unfair competitive advantage; Objectively, it is easy to make the relevant public mistakenly think that it has some relationship with Weiya or Qianxun company, which undertakes the function of weia's selection.

On the one hand, the relevant public will mistakenly believe that there is a specific connection between the defendant Weiya yanxuan company and the plaintiff Weiya and Qianxun company; On the other hand, it will make the relevant public who intended to visit Weiya Zhenyin account visit the account after seeing the "Weiya yanxuan" account of the defendant Weiya yanxuan company. If the number of hits is directly related to the operation of the company, this situation will undoubtedly bring * * to the defendant Weiya yanxuan company.

In conclusion, The defendant Weiya yanxuan company, without the permission of the plaintiff Weiya or Qianxun company, uses the word "Weiya" in the enterprise brand name and uses the word "Weiya" in the shaking tone account with its enterprise name, which constitutes unfair competition. It shall bear the civil liabilities of stopping infringement, compensating for losses, compensating for gifts and apologizing, and eliminating the influence.

      According to law, the people's Court of Binjiang District, Hangzhou City, sentenced Weiya yanxuan company, the defendant, to immediately stop using the enterprise name with the word "Weiya" and change the company name registration; Immediately stop using the word "Weiya" in its production and operation activities (including using the word "Weiya" in its nickname, avatar and personal profile) in its production and operation activities; A statement was published in the Southern Metropolis Daily, publicly apologizing to the plaintiff Weiya to eliminate the influence of the plaintiff; Compensation for the plaintiff's economic loss of 300000 yuan and the plaintiff's reasonable expenses for stopping infringement of the infringement of RMB 101000 yuan.