On April 26, the “2023 Guangdong Intellectual Property Protection Association Case Report Meeting on Intellectual Property Cases” organized by the Guangdong Intellectual Property Protection Association was held at Zhejiang Building. The meeting announced 15 “Guangdong Intellectual Property Protection Association 2023 Intellectual Property Case Examples”. The case involving Tencent Company vs. Kuizh Company, Nai Nai Company, Soudong Company, Pengqu Company, Sheng Moumou, Quzan Company, Yi Mou, and other cases of unfair competition was successfully selected. Also, another case handled by Lawyer Yang Wenfeng and Lawyer Dong Yun was included in the “Guangdong Intellectual Property Protection Association 2023 Recommended Intellectual Property Learning Cases”.
This meeting was guided by the Guangdong Provincial Market Supervision Administration (Intellectual Property Office), organized by the Guangdong Intellectual Property Protection Association, and supported by the Baiyun District People’s Procuratorate of Guangzhou. Six expert judges, including Tan Haihua, President of the Copyright Tribunal of the Guangzhou Intellectual Property Court, and Xiao Haitang, President of the Patent Tribunal of the Guangzhou Intellectual Property Court, evaluated the cases based on various criteria such as representativeness, complexity, impact, professionalism, and novelty. Through expert review sessions, 15 cases were selected as “Guangdong Intellectual Property Protection Association 2023 Intellectual Property Case Examples”.
After evaluation, the case involving Tencent Company vs. Kuizh Company, Nai Nai Company, Soudong Company, Pengqu Company, Sheng Moumou, Quzan Company, Yi Mou, and other cases of unfair competition, handled by Lawyer Yang Wenfeng of Longan Guangzhou, was selected as a “Guangdong Intellectual Property Protection Association 2023 Intellectual Property Case Example”. Similarly, the case involving China Construction Bank Co., Ltd. Dongguan Branch vs. Dongguan Zhongtian Honghao Electronics Co., Ltd., Dongguan Jinhui Electronics Co., Ltd., and Yao Mou, regarding trademark infringement, was also selected as a “Guangdong Intellectual Property Protection Association 2023 Recommended Intellectual Property Learning Case”.
At the meeting, Lawyer Dong Yun, as a representative of the team, shared his strategies for dealing with cases involving “internet data manipulation”.
Case Overview
Case 1: Tencent Company vs. Kuizh Company, Nai Nai Company, Soudong Company, Pengqu Company, Sheng Moumou, Quzan Company, Yi Mou, and other cases of unfair competition
Basic Facts
Kuizh Company, Nai Nai Company, and Pengqu Company jointly developed and operated the “qq Boost Tool” (later renamed “Kuidian Boost Tool”). They encouraged users to bind with QQ and provided paid services to generate fake likes, views, and traffic on the QQ platform. Soudong Company and Quzan Company acted as payers. All parties were considered co-defendants in this case, constituting unfair competition against Tencent Company. Sheng Moumou and Yi Mou, as sole shareholders of Pengqu Company and Quzan Company respectively, failed to prove that their assets were independent from those of the companies, and thus they should bear joint responsibility for the company’s debts.
After two trials, the court determined that Kuizh Company, Nai Nai Company, Pengqu Company, Soudong Company, and Quzan Company collectively engaged in unfair competition by interfering with the normal operation of online products or services provided by other businesses. The defendants were ordered to pay Tencent Company over 2 million yuan in economic losses and reasonable expenses.
Significance of the Case
First, this case is a typical example of combating internet data manipulation. Fake traffic can deceive ordinary users and platforms, misleading consumers and affecting Tencent’s decisions based on traffic data. It also undermines fair, transparent markets and disrupts competitive mechanisms. This case highlights the need for regulations to protect rights holders and improve the industry’s health.
Second, the rapid development of internet and artificial intelligence technologies has brought convenience to users and increased traffic for platforms. However, methods like “data manipulation” and “fan buying” have become common, creating a specific industry chain and profit model. This increases the burden on rights holders and disrupts market competition. This case provides a valuable reference for future cases and for regulating “gray and black industries” in the internet sector.
Case 2: China Construction Bank Co., Ltd. Dongguan Branch vs. Dongguan Zhongtian Honghao Electronics Co., Ltd., Dongguan Jinhui Electronics Co., Ltd., and Yao Mou, regarding trademark infringement
Click on the link below for more details: [http://mp.weixin.qq.com/s?__biz=Mzg5MDU5MTE2NA==&mid=2247512779&idx=1&sn=5e5450de73292ee886bfd7b8f02d768f&chksm=cfd8b018f8af390e561241c47114702010c1875cb3787d5b06fc5aed04bdb2fd3578c378e50a&scene=21#wechat_redirect]
The selection of these intellectual property cases demonstrates Longan Guangzhou’s expertise and reputation in this field. Longan Guangzhou will continue to provide professional, comprehensive, and efficient intellectual property services to clients.
Lawyer Profile
Lawyer Yang Wenfeng
Lawyer Yang Wenfeng graduated from Guangdong University of Technology. He is a partner at Beijing Longan (Guangzhou) Law Firm, Head of the Intellectual Property Department of Longan Guangzhou, and a senior researcher at the Longan Bay Intellectual Property Research Center. He is also a member of the Copyright Law Committee of the Guangdong Lawyers Association and an expert in the Dongguan Intellectual Property Operation Center.
Lawyer Yang Wenfeng has extensive experience in intellectual property litigation, commercial disputes, and criminal defense. His clients include many well-known domestic companies in fields such as internet, communications, high-end manufacturing, gaming, e-sports, e-cigarettes, and chemicals.
Lawyer Yang Wenfeng is skilled in handling complex and difficult intellectual property and commercial disputes. He has represented several important and significant intellectual property cases. He was recognized as one of the top ten intellectual property cases in Guangdong courts in 2021, one of the top ten intellectual property cases in the Guangzhou Intellectual Property Court in 2021, and one of the top ten copyright cases in the AIPPI China Chapter in 2020. He was also one of the top ten intellectual property litigation cases in Guangdong lawyers in 2015.
Lawyer Dong Yun
Lawyer Dong Yun graduated from South China University of Technology. He has a dual background in law and science. He is a professional lawyer with expertise in intellectual property and corporate law. He is a member of the Guangdong Foreign Lawyers New Talent Pool, an expert in the Dongguan Intellectual Property Operation Center, and a researcher at the Longan Bay Intellectual Property Research Center.
Lawyer Dong Yun has many years of experience in public institutions and large foreign-funded enterprises. After entering the legal profession, he specializes in intellectual property and corporate law. He serves as a permanent legal advisor and intellectual property advisor for many companies. He has extensive experience in litigation and legal services.
Lawyer Dong Yun has strong professional skills and expertise in intellectual property and corporate law. He is one of the leading litigation lawyers in Guangdong Province. He has extensive experience in handling complex and difficult intellectual property and corporate law cases. He can provide legal and non-litigation services related to patents, trademarks, copyrights, trade secrets, unfair competition, and franchising.