Lenovo Group won the online infringement case against self-media for 'fabricating opposition to Huawei' and was awarded more than 160,000 yuan in compensation

According to news from this website on August 21, recently, after the Beijing Internet Court filed a case regarding the online infringement liability dispute between Lenovo Group (plaintiff) and Weibo user "Almighty Big Bear" (defendant), the Beijing Internet Court filed a case in accordance with the law. Ordinary procedures were applied, and the trial was held in public by a sole judge. The first instance verdict Lenovo Group won the case. The defendant "Almighty Big Bear" was ordered to apologize to Lenovo Group and pay more than 160,000 yuan in economic losses and related expenses.

The case arose from the fact that after the Lenovo Innovation and Technology Conference in October 2023, the Sina Weibo account "Almighty Big Bear" posted a fabricated claim on Weibo without any factual basis: "Lenovo announced an agreement with NVIDIA Cooperation, and Lenovo President Yang Yuanqing also emphasized at the scene that he has never considered cooperating with Huawei [smiling face emoticon].” After the Weibo was posted, it triggered a large number of negative comments about the plaintiff Lenovo and attacks on Lenovo in the comment area.

This website noticed that the judgment stated: In this case, the defendant knew that the remarks about Lenovo and Huawei were relatively sensitive and could easily trigger public opinion and incite the emotions of netizens, but still posted the Weibo posts involved in the case without any factual basis. The defendant clearly knew that the Weibo involved in the case contained false content, but still allowed it to be disseminated and public opinion fermented. The defendant committed subjective fault. The defendant provided evidence to prove that the Weibo content involved in the case was not original. However, whether the Weibo account outside the case posted similar remarks and whether there were news reports with similar content had nothing to do with whether the defendant in this case constituted infringement. Regarding the damage caused by the Weibo involved in the case to Lenovo. Lenovo and Huawei are both important private enterprises in the field of science and technology in my country. The defendant, without any factual basis, linked Lenovo and Huawei, fabricated facts that opposed the two parties, maliciously created conflicts, and seriously harmed Lenovo. reputation rights. ”

Based on the provisions of Articles 998, 1000, and 1024 of the Civil Code of the People’s Republic of China, the court’s judgment is as follows:

1. From the date this judgment takes effect Within ten days, the defendant Zong posted an apology statement at the top of the homepage of his Sina Weibo account nicknamed "@万能大熊" (UID: [1095240537]), apologizing to the plaintiff Lenovo (Beijing) Co., Ltd. and eliminating the impact, and The apology shall be retained for thirty consecutive days, and the content of the apology must be reviewed by this court (if the above judgment obligations are not fulfilled within the time limit, upon the application of the plaintiff Lenovo (Beijing) Co., Ltd., this court will choose to publish the main content of the judgment in this case on the People's Court Announcement Website. The expenses shall be borne by the defendant Zong);
Second, the defendant Zong is ordered to pay economic losses of 100,000 yuan to the plaintiff Lenovo (Beijing) Co., Ltd.;
Three, the defendant Zong is ordered to pay the notary service fee to the plaintiff Lenovo (Beijing) Co., Ltd. 6,240 yuan and attorney’s fees of 60,000 yuan;
4. Reject the other claims of the plaintiff Lenovo (Beijing) Co., Ltd.
If the monetary payment obligation is not performed within the period specified in this judgment, the court shall comply with Article 2 of the Civil Procedure Law of the People’s Republic of China. According to the provisions of Article 164, the debt interest during the period of delayed performance shall be doubled. The case acceptance fee of 5,931 yuan shall be borne by the defendant Zong.

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