last year, the newspaper had reported online mall vicious competition in the search engine advertising to discredit competitors malicious grab phenomenon. In the past year, this situation still has the enterprise could not emerge in an endless stream, go on, and resort to the law. A complaint before the reporter obtained shows, funded by Sequoia Capital, known as the largest shoe site "good music to buy", recently because of alleged infringement of rival reputation by the competitor to Beijing intermediate people’s Court of Haidian, this is the domestic first and the biggest one caused by the infringement of online advertising the legal dispute.
in real life, businesses want to put an advertisement in the newspapers, magazines, television and other media, need to submit proof of legal and legitimate business, advertising content also need approval in accordance with the provisions of law such as advertising, not be a "first" and "most" one-sided exaggerated words, but not at liberty to the proper way to compare and slander competitors; but in the network world, which we should abide by the rules, by some businesses ignore.
reporter to a well-known online shopping mall name keyword search in Google search engine, the first show is "to × × online mall, × × is the biggest competitor in the online shopping mall. Such a situation has been regarded as "gentle gentle" approach.
In this paper, the
case is more outrageous: users enter a keyword – "veoshoesshoes in Google" (famous footwear B2C website), in the search results on the right, sponsored links, out there to buy sports shoes, title and link veoshoesshoes as good music to buy "(see screenshot). The site after receiving the prosecution, has been removed from the alleged illegal advertising, but still buy the key words of the rival brand, in the normal search results before the show their web links. A similar situation, in all areas of B2C online mall have occurred.
reporter from the legal profession to understand, "the advertisement examination standard of China (Trial)" the provisions of article thirty-second, "comparison of the content of the ad, not related to specific products or services, or by other means of direct comparison." In our country, it does not allow the existence of indirect comparative advertising. Therefore, like good music to buy such products or services will be able to direct competitors and provide their own products or services comparison advertising is very rare, in direct violation of China’s "advertisement law" article thirty-seventh, article fortieth and article twenty-fourth of the "Anti Unfair Competition Law" the relevant provisions.
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reporter further from the Internet entrepreneurs and VC (venture capital) was informed that the reason why there will be good music to buy online advertising alleged infringement of the reputation of the rival’s lawsuit, the main source