Stick Bar Advocate Slander Taobao Shop Lose: Apologize And Compensate 2000 Yuan.
Sentenced to apologize in the post bar and compensate 2000 yuan.
The bar bar is hired by the owner.
Taobao shopkeeper
Use the bar owner's identity to post and promote the online store in the post bar.
However, after resigning from the online store, the bar owner publicize the store's products through the post bar.
Because the other party's behavior seriously affected their normal life and public image, and caused mental damage and economic losses, Taobao shopkeeper Yue Mou took the infringement of reputation right as the reason, and put the bar bar to the court.
The court decided to apologize to pan in the post bar and compensate the plaintiff for the economic loss of 2000 yuan.
Invite post bar to promote online shop.
Taobao shopkeeper Yue Mou claims that he is a famous bodybuilder in the country. He has participated in many large bodybuilding and Hercules competitions in China for many times and enjoys some popularity and reputation in the industry.
Through his influence in the bodybuilding industry, he runs an online shop on Taobao, specializing in fitness nutriment, protective clothing and fitness clothes.
In order to expand the online store business, the plaintiff started employing Baidu body-building bar in May 2012 to work for the online store, and through the bar owner's identity in the bodybuilding bar to promote the online shop, at the same time, it also helped the plaintiff to publicize in micro-blog.
In July 2012, after he resigned from the online promotion business, the plaintiff cleared all his previous earnings and royalties.
Bar owner
To resign and to denigrate.
Yuemou said that after the departure of Pang, Sina micro-blog publicized the plaintiff's misconduct and was permanently removed from the Chinese Hercules alliance through the Baidu bodybuilding bar and its plaintiff's application. It also claimed that the products of the plaintiff's online shop were "fake", "shoddy" and "no import license", and malicious maltreatment of the plaintiff and its online store's reputation. The plaintiff's post was used to label the plaintiff's posters on the bodybuilding bar, making Baidu body building a "fight field" for the plaintiff, causing bad effects to the plaintiff's reputation and online store operation, causing abuse and harassment by the plaintiff fans and bodybuilders, and bringing adverse effects to the plaintiff and his family.
The plaintiff has repeatedly communicated with the other party on this matter, but Pam also blocked the plaintiff's clarification and explanation in the post bar by embezzling the owner's identity, and embezzled his account to self defamation.
Yuemou believes that the behavior of the other side has seriously affected its normal life and public image, and has affected the online store operation.
At the request of the court to order the defendant to stop the infringement and make a public apology, he also ordered the defendant to resign from the Baidu fitness bar bar and compensate for the loss of more than 2.6 yuan.
The court finds that the bar owner infringes on the right of reputation.
In the trial, Mr. Pan did not agree with the original request, saying that he only summarized the posts and put the posts on the top.
"All words, I repeat what others say."
Pan believes that these things are not caused by themselves. They have done their duty to delete the posts they can see.
For Yue Mou was removed from the Chinese Hercules alliance, Pan said he was listening to others, he did not verify.
In order to prove that the product is not a fake, the plaintiff also produced evidence to prove that the products sold by the shop are regular imported products.
According to the trial of Xicheng court, citizens' personal dignity is protected by law. When the defendant is in charge of Baidu bodybuilding bar, he should abide by the bar agreement and fulfill his rights and obligations.
When someone exposs the plaintiff's shop, the defendant should not make a concluding posting under the condition of insufficient evidence, especially without verification.
The court held that, in view of the defendant's status as a bar owner, its publication would result in the reduction of the plaintiff's social evaluation, so the defendant's behavior infringed upon the plaintiff.
Reputation right
The plaintiff asked the defendant to stop the infringement, delete the plaintiff's right of reputation, and make a public apology, which is in accordance with the law, and the court supports it.
At the same time, the defendant said that the plaintiff's being permanently removed from the Chinese Hercules alliance would have a certain impact on the reputation of the plaintiff, which would have certain impact on the credibility of the plaintiff's online shop, resulting in a portion of the loss of operation, so the court could determine the loss accordingly.
For the plaintiff's request for the defendant to resign from Baidu's bodybuilding bar, the court held that it was not supported by the lack of evidence.
Finally, the court decided on the first instance of Pang in the prominent position of Baidu bodybuilding bar, and apologized to the plaintiff for his unverified plaintiff Yue Mou who was permanently removed from the Chinese Hercules alliance, and compensated the plaintiff for the economic loss of 2000 yuan.
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