The first time occurred in July 20021,19. Xi An Rainbow Planet Culture and Technology Co., Ltd. released a short video called "Three Ways to Choose a Quality Music Bar" on its Tik Tok platform account. Mr. Wang, the person in charge of the company, compared and evaluated several music bar products, including Rainbow Rye Bar operated by Rainbow Planet Company in cooperation with other enterprises, Chickpea Rye Nut Bar produced by Xinjiang Xueshan Orchard Food Co., Ltd. and Rye Chickpea Black Sesame Nut Bar. In the video, the anchor said that the music bar of Xueshan Orchard Company was "actually dyed" and "used ordinary butter", while his own music bar was "only used rye flour" and "used Anjia butter". Anjia butter is the best butter ",and other Leba walnuts are" peeled by chemistry "videos. The company name on the packaging bag of Xueshan Orchard products is not covered, and the company is sued for infringement, demanding that Rainbow Planet delete the video, apologize and compensate. Snow Mountain Orchard believes that Rainbow Planet Tik Tok's self-operated account has a large number of fans and has certain influence. This move of Rainbow Planet has damaged its business reputation and commodity reputation.
The court of first instance held that the video released by Rainbow Planet was enough for video viewers to conclude that the products of Rainbow Planet Company were superior to those of Snow Mountain Orchard Company, thus achieving the purpose of belittling each other's products and raising their own products, which was a one-sided fact, misleading and led to the damage of competitors' commercial reputation. Therefore, it was determined that the behavior of Rainbow Planet Company constituted commercial slander and was finally awarded economic compensation of 80,000 yuan.
Rainbow Planet, on the other hand, thought that it did not constitute a commercial slander fact, so it filed an appeal and provided the Higher People's Court of Shaanxi Province, a court of second instance, with evidence such as "The products involved in Snow Mountain Orchard were not sold on Tik Tok platform, and there was no negative evaluation of the company's products in the video comments", which proved that there were no infringement facts and consequences. Snow Mountain Orchard did not provide evidence that the video had a negative impact on its sales, but the court of second instance held that the evidence provided by Rainbow Company was not enough to prove its claim, so it was not adopted, and further confirmed that the facts identified by the court of first instance were true. On the morning of September 3, the third court of Shaanxi Higher People's Court publicly pronounced the verdict in the second instance, dismissed the appeal and upheld the original judgment.
"We mainly popularize food safety knowledge and concepts to the general public, without any subjective malice to denigrate other products." After the verdict was pronounced in the second instance, the agent of Xueshan Orchard quickly left. Huashang Daily reporter failed to talk to him, but interviewed Mr. Wang, the person in charge of Rainbow Planet. He said that it was really inappropriate for the video to inadvertently involve the name of the other company, but its original intention was to publicize the concept of healthy food to the public and did not cause specific adverse consequences to the other party. "We still feel very wronged." It is understood that Rainbow Planet Company was established on 20 15, and its business scope includes prepackaged foods production and food sales. Since its establishment, it has been committed to promoting and popularizing the concept of food safety through various media, and focusing on the production and management of healthy food. In order to improve food hygiene standards, the company has spent more than 1000 million yuan in recent years to test various food safety indicators, and established a set of food safety standards far higher than the national standards in some fields.
Huashang Daily reporter Yang Dehe