First, the forms of unfair competition on the Internet.
(1) Selling commodities with the unique names, packaging and decoration of well-known commodities, commodities with registered trademarks of others, commodities with corporate names of others and commodities with false representations through the Internet.
(two) using the Internet to make misleading false propaganda about the quality, performance, origin and producer of goods. This kind of case is the most investigated by the industrial and commercial departments at this stage.
(3) deceptive prize-winning sales and grand prize sales in online transactions. For example, Shaling Network Company, which owns China People's website, once put forward that "you can get a house by building a 10 minute webpage".
(four) the use of the Internet against the goodwill of competitors. For example, Beijing Putian New Energy Technology Development Co., Ltd. v. Beijing Zhongbei Hi-Tech Electromechanical Co., Ltd., the case of unfair competition of judicial documents on the Internet, and Quanzhou Liansheng Light Industry Enterprise Co., Ltd. v. Quanzhou Shidasi Clothing Co., Ltd. "qiwang" dispute case.
(5) Web plagiarism. For example, on February 20, 2003, a paint factory in Xuzhou sued a decoration company in Xuzhou.
(6) Infringement of business secrets. The popularity of e-mail, the use of international information network and the development of e-commerce, as well as deceptive virtual shopping malls and unscrupulous means to obtain commercial interests, make business secrets always in a precarious state. For example, using the convenience of managing websites to steal, disclose or use confidential information of online enterprises and individuals with commercial value at will; Employees use e-mail to intentionally or unintentionally transmit confidential business information of the enterprise; FTP file transfer, BBS bulletin board system, newsgroups and remote login may all infringe on trade secrets.
(seven) the use of network technology to implement unfair competition. For example, using deep links to bypass the pages (usually home pages) of other websites that publish advertisements and directly visit the next page will lead to a decrease in the number of users visiting the linked websites and the click-through rate of advertisements, greatly reducing the number of advertising visits and advertising revenue, and can also induce users to read the advertisements on the home pages of linkers, thus damaging the economic interests and competitiveness of the linked websites through such unfair competition.
(8) Domain name disputes. Some units and individuals register other people's trademarks, manufacturers' names, international organizations' names, websites' names and celebrities' names. As one's own domain name, and then sell it to the owners of trademarks and manufacturers' names at a high price for profit, or use the good reputation of other people's well-known trademarks and names to confuse, entice and mislead consumers to visit, so as to obtain illegitimate commercial interests.
Second, the elements of unfair competition behavior
(1) The protagonist is the operator. Operators refer to legal persons, other economic organizations and individuals engaged in commodity management and profit-making services. The operators mentioned here emphasize the main body engaged in business activities, regardless of whether they have legal qualifications or abilities. The subjects mentioned here include general subjects and special subjects, and the latter includes illegal operators, the government and its subordinate departments.
(2) There is unfair competition.
(three) damage the legitimate rights and interests of other operators.
(d) The subjective fault of the actor.
legal ground
People's Republic of China (PRC) Anti-unfair Competition Law
Article 5 It is forbidden for counterfeit business operators to engage in market transactions by the following improper means, thus harming competitors:
(a) counterfeiting the registered trademark of others;
(2) Using the unique name, packaging and decoration of a well-known commodity without authorization, or using the name, packaging and decoration similar to that of a well-known commodity, resulting in confusion with other people's well-known commodities, so that the buyer mistakenly thinks it is the well-known commodity;
(three) unauthorized use of another person's enterprise name or font size, so that people mistakenly believe that it is another person's goods;
(4) Forging or fraudulently using quality marks such as certification marks and brand-name marks on commodities, forging the place of origin, and making misleading false representations about the quality of commodities.
Article 9 It is forbidden for false advertising operators not to make misleading false propaganda on the quality, composition, performance, use, producer, expiration date and place of origin of commodities by advertising or other means.
Advertising agents shall not act as agents, design, produce or publish false advertisements that they know or should know.