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instrumentb2bZ High People's Court official WeChat live broadcast: Shanghai Solon sues competitors and Baidu as an important case in the search engine industry to stop unfair competition among peers
On May 4th,highPeople's Court WeiboOn the occasion of the May Fourth Youth Day, the live broadcast of the trial of Shanghai Solon's lawsuit against a competitor was held. Shanghai Solon sued its competitor on suspicion of unfair competition for using relevant tools provided by Baidu search engine to match the company's enterprise name "Shanghai Solon" as a keyword, thereby displaying advertisements made by direct competitors of Shanghai Solon by entering "Shanghai Solon" in Baidu search engine. Baidu, as a search engine bidding advertising service provider, was also sued as the second defendant.

Shanghai Solon and its strategic investment company, Corona, have been dedicated to the development of interface chemical analysis instruments, including contact angle measuring instruments (droplet angle measuring instruments), surface tension meters, interface tension meters, and other core instruments. They are supported by the Innovation Fund of the Ministry of Science and Technology of China and have three Shanghai high-tech achievement transformation projects. They have been awarded the title of Shanghai by the Shanghai Science and Technology Commission for 9 consecutive years. Through more than 10 years of effort, Shanghai Solon has achieved rapid development in various aspects such as technological research and development strength and product quality. Especially in the past 8 years, significant breakthroughs have been made in core technologies related to national interface chemical analysis, such as contact angle measuring instruments, high-temperature and high-pressure contact angle measuring instruments and interface tension instruments, high-temperature and high-pressure rotating droplet interface tension instruments, and ultra-high temperature melt contact angle and surface tension instruments based on Asha's core technology, forming core technological advantages. Therefore, it has attracted numerous competitors to infringe upon the legitimate rights of Shanghai Solon through various unfair competition methods, and the forms of infringement are also diverse, including infringement, trademark infringement, copyright, and the unfair competition of Baidu bidding in this lawsuit. In the unfair competition behavior of Baidu bidding, even some companies do not stop displaying corresponding advertisements after receiving formal notice from Shanghai Solon. Therefore, Shanghai Solon and American Corona Company have decided to use legal means to protect the legitimate rights and interests of the company.


The official WeChat account of the High People's Court shows:

The plaintiff Shanghai Solon Information Technology Co., Ltd. is suing the defendants Shanghai Yingnuo Precision Instrument Co., Ltd. and Beijing Baidu Netcom Technology Co., Ltd. for unfair competition dispute.

The plaintiff claims that the company is an industrial company established in August 2005 that integrates research and development with manufacturing. Its main business is interface chemical analysis instruments and equipment, and it has multiple products, enjoying a certain degree and reputation in the industry. *The defendant is a company established in August 2012 that produces and operates similar products to the company. To expand the product market, enhance competitiveness and influence, the company has been increasing its advertising investment year by year. During October 2016, the company discovered that when searching for the keyword "Shanghai Solon" on the Baidu search operated by the second defendant, the displayed * item entered the page of the defendant "Shanghai Yingjie Precision Pattern Tool Co., Ltd.", and the website link was in the key position of *, causing customers who wanted to know about our company's information to be misled into entering the defendant's website when searching on Baidu. Based on this fact, our company believes that the behavior of * the defendant, as an enterprise competing with the plaintiff in the production and operation of similar products, objectively intercepted our company's traffic, reduced the number of customer visits to the plaintiff, increased the probability of customer visits to * the defendant, obviously squeezed our company's market interests in the Internet field, greatly reduced our company's advertising efficiency in the market, so that our company was in a very disadvantageous position in the market competition. * The defendant's subjective malice was obvious, harm others for their own benefit, seriously violated the principle of integrity in market competition, and should bear the tort liability for unfair competition.

The setting of backend keywords for the "Baidu Bidding Ranking Service" provided by the second defendant needs to be reviewed by them before it can be put into promotion. They knew that the defendant's behavior infringed on our company's interests, but still allowed them to pass the review and provide services for them, which obviously has obvious subjective fault. Objectively, it helped the defendant to engage in unfair competition against our company, and they should jointly bear the liability for infringement with the defendant.

After the acceptance of this case, * and the two defendants have appeared in court and do not recognize the plaintiff's claims and demands. The pre-trial conference for this case has been completed and will be publicly heard on May 4, 2018 in the 17th courtroom of Haidian Court.

As this case involves the legal evaluation of widely matched search patterns in search engine technology, the current unfair competition dispute involving this search pattern is still a domestic case and has high theoretical and practical research value.

09:22

Case: Plaintiff Shanghai Solon Information Technology Co., Ltd. v. Defendants Shanghai Yingnuo Precision Instrument Co., Ltd. and Beijing Baidu Netcom Technology Co., Ltd. for unfair competition dispute; Chief Judge: Chen Changyi. ?

???#May Fourth Youth Day##Live court proceedings#In court mediation: The judge separately inquired whether the parties were willing to engage in mediation. As one party did not agree to accept the mediation presided over by the court, the court announced a recess and a date was chosen for sentencing. ?

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