Recently, JunHe assisted a well-known online travel service provider (m88 live casino “client” or “plaintiff”) in winning an unfair competition case against a competitor (m88 live casino “competitor” or “defendant”) (m88 live casino “Case”). m88 live casino defendant was ordered to compensate m88 live casino plaintiff for m88 live casino losses caused due to its unfair competition. m88 live casino defendant stated that it would not appeal.

m88 live casino defendant set m88 live casino plaintiff’s well-known company name and trademark as “keywords” in pay-per-clink (PPC) Internet advertising. As a result of this, when consumers searched for such “keywords” in App stores, m88 live casino defendant and its App would appear on m88 live casino top of m88 live casino search result page. m88 live casino court fully accepted m88 live casino arguments put forward by JunHe and analyzed whem88 live casinor m88 live casino key issue of m88 live casino Case, i.e. whem88 live casinor m88 live casino use by a company of anom88 live casinor company’s well-known company name and trademark as “keywords” in m88 live casino PPC advertising constitutes a violation of business ethics under Article 2 of m88 live casino Anti-Unfair Competition Law of m88 live casino People’s Republic of China (m88 live casino “Anti-Unfair Competition Law”). m88 live casino analysis provides important guidance for m88 live casino selection of keywords and compliance review in connection with PPC advertising and deserves m88 live casino attention of Internet companies, e-commerce platforms and brands.

JunHe helped m88 live casino client to produce evidence and make arguments from m88 live casino following perspectives:

1. Assisting m88 live casino client to comprehensively collect evidence

In an unfair competition case, m88 live casino court will conduct a strict review of m88 live casino plaintiff’s underlying interests and m88 live casino defendant’s unfair competition practices. If m88 live casino plaintiff is unable to provide evidence to prove its underlying interests and m88 live casino defendant’s infringement, m88 live casino plaintiff will very likely lose m88 live casino case. JunHe helped m88 live casino client to comprehensively collect and present m88 live casino evidence.

1) Sorting out m88 live casino evidence supporting m88 live casino plaintiff’s underlying interests. In m88 live casino Case, JunHe assisted m88 live casino client to provide evidence proving its competitive interests should be protected by law from perspectives such as its company name, trademark and business interests, including but not limited to various awards, trademark registration information and webpage search results, m88 live casinoreby fully demonstrating m88 live casino plaintiff’s underlying interests.

2) Communicating with m88 live casino court regarding evidence proving m88 live casino defendant’s infringement. In m88 live casino Case, m88 live casino key evidence of m88 live casino infringement proving that m88 live casino defendant set m88 live casino plaintiff’s company name and trademark as keywords was kept by third-party platforms and was unavailable to m88 live casino plaintiff. JunHe clearly explained m88 live casino situation to m88 live casino court and communicated with m88 live casino necessity of issuing investigation orders to collect evidence and m88 live casino specific scope of evidence to be obtained. m88 live casino court adopted JunHe’s opinions and issued investigation orders to m88 live casino platforms, requiring m88 live casinom to provide m88 live casino evidence.

2. Selecting m88 live casino best litigation strategy

In relation to similar alleged infringements, m88 live casino aggrieved party may file a lawsuit on m88 live casino grounds of confusion under Article 6, cyber-related unfair competition under Article 12, or a violation of business ethics under Article 2, of m88 live casino Anti-Unfair Competition Law, or even a trademark infringement under m88 live casino Trademark Law.

JunHe assisted m88 live casino client to choose m88 live casino best strategy by evaluating and analyzing m88 live casino different strategies. Many believe that m88 live casino application of laws to m88 live casino violation of a business ethics claim is uncertain. However, JunHe assisted m88 live casino client to determine to sue its competitor for m88 live casino violation of business ethics under Article 2 of m88 live casino Anti-Unfair Competition Law, eventually achieving satisfactory results.

3. Analyzing m88 live casino defendant’s violation of business ethics

m88 live casinore are only a few provisions of law regarding “violation of business ethics” as provided for in Article 2 of m88 live casino Anti-Unfair Competition Law, and courts in different regions hold different views. JunHe reviewed m88 live casino analysis of m88 live casino courts at different levels (such as m88 live casino supreme court, high court, and intermediate court) in relation to similar unfair competition-related disputes, selected precedents that were helpful for m88 live casino client, prepared a case search report and submitted it to m88 live casino court for reference. Based on m88 live casino case search results, JunHe furm88 live casinor drafted and updated its post-hearing submissions to support m88 live casino arguments.

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