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Xiaomi Sued Reviewer for Discrediting, Awarded ¥2 Million
Published on:2021-10-19 Source:

Tian Yan Cha App shows that on September 23, the Civil Judgment of the first instance of the unfair competition dispute between Xiaomi Inc. and Chongqing Tianji Meike Technology Co., Ltd. was made public, with the case No. (2020) YU 01 MIN CHU No.755, and the First Intermediate People's Court of Chongqing Municipality as the trial court.

According to the Judgment, the plaintiff, Xiaomi Inc., claimed that Xiaomi TV was one of the plaintiff's core products. In June 2020, the defendant conducted a live smart TV review in many aspects, such as flame retardant test, power-on test, image quality evaluation, circuit board comparison, etc., and misled the public that the plaintiff's products were inferior to the Honor Smart Screen X1 or were jerry-built or had serious quality problems by setting unfair comparison conditions, avoiding the merits of the plaintiff's products and highlighting the merits of competing products and other misleading means, making the sales of the plaintiff's products drop sharply and causing the plaintiff's business reputation and merchandise reputation to suffer significant and irreparable damage.

The defendant, the Tianji Company, argued that if the similar peer-to-peer reviews were to be held liable for unfair competition that defamed goodwill, it would be detrimental to similar media to make a rational or conscientious viewpoint, would damage consumers' right to information, and would instead lead to normal commercial competition being unduly restricted. The court held that, the defendant's review on light holes, PCB board of power supply circuit, heat sink of MOS tube and PCB layer number were misleading information, which damaged the plaintiff's business reputation and reputation for its goods. The defendant, as a professional medium, had clearly subjective fault in producing and disseminating videos and articles involved in the case including the aforementioned misleading information, and constituted commercial defamation.

Therefore, the court ruled that the defendant Chongqing Tianji Meike Technology Co., Ltd. shall compensate the plaintiff Xiaomi Inc. for economic damages of 2 million yuan and publish a statement on the website to eliminate the impact.


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