Zhang Xin, member of the Party Group and Vice President of Shanghai No.2 Intermediate People's Court, served as the presiding judge, and Zhu Chuan, President of the Commercial Court, and Judge Xiao served as members of the collegiate bench. The trial was held online in the afternoon of June 5438+February 29, 2020.
After the trial, the presiding judge Zhang Xin immediately carried out mediation work. Combined with the focus of the dispute in the trial and the opinions of all parties, the author actively expounds his views on the legal issues of the case dispute, clearly informs the parties of the risks of subsequent litigation, and urges all parties to correctly understand the contents of the contract with the aim of solving substantive disputes.
Because of the big dispute between the two sides, the mediation process has been repeated many times. The collegial panel extended the mediation period according to the mediation wishes of the parties. Members of the collegial panel interviewed the parties and company executives for interpretation and analysis. The parties and agents ad litem actively participated and cooperated in the mediation process, and finally the parties successfully reached a mediation agreement under the auspices of the collegial panel. A commercial dispute with extensive social influence was successfully and properly resolved.
Previously reported:
Kiku is a contracted artist of Shanghai Siba Culture Media Group, and Siba Company is an affiliated company of Jiushang Company.
20 17, 17 10 On October 20th, Sandy Company signed a brand endorsement contract with Jiushang Company, stipulating kiku as the "fruit skin care product" of the company from 20 18 to 2020 1. The contract also stipulates "two different promises" for this endorsement, that is, kiku shall not endorse products that directly compete with its endorsement products, nor shall it provide services for the promotion activities of enterprises that directly compete with Shandi companies or allow enterprises to use kiku's name, portrait or recommendation; Jiushang Company promises that kiku does not hold any unexpired endorsement contracts for enterprises and products that compete with Sun Di Company within the contract period. In case of violation of this agreement, Jiushang Company shall refund all the paid fees of 4 million yuan and pay the penalty equivalent to the remuneration.
After signing the contract, kiku filmed the print advertisement and publicity advertisement of "Fruit Skin Care Products" and participated in the offline activities organized by the brand. During the performance of the contract, kiku successively published the propaganda words of brand products such as Lan Zhi, Lancome, Yuemu Zhiyuan, Yuxi, Saint Laurent and Huaxi Zi in Weibo.
Sandiwu Company believes that these products are competitive with "fruit skin care products", and Jiushang Company has constituted a breach of contract, and should refund all the expenses and pay liquidated damages. Kiku and Siba shall be jointly and severally liable.
Jiushang Company believes that when concluding the contract, Xiandi Company did not inform the products with direct competition and the enterprises with direct competition. Analyze and compare the above brands from the aspects of product price, grade, overlap of consumer groups and sales channels. And there is no direct competition with "fruit skin care products", so there is no breach of contract.
The court of first instance ruled that all the claims of Sandiwu Company were rejected. Shendi Company refused to accept the decision and appealed to Shanghai No.2 Intermediate People's Court.
Source: Shanghai No.2 Intermediate People's Court