Unfair Competition Case on Sports Data Selected by Haidian Court as Model Case for 2024

East IP

The Haidian District People’s Court in Beijing just released its 2025 White Paper containing details of 10 “typical” cases handled by the court in 2024, many of which deal with novel issues of fact and law brought about by new technologies.

In one of these cases, Deng Da, now an attorney at East IP represented the plaintiff Sina.com against Shenzhen Tuoling Technology Co., Ltd. in an unfair competition case asserting that the defendant had, without permission, selectively crawled sports news and headlines published on the plaintiff’s Sina Sports online news service, then redistributing the data gathered through multiple websites and apps operated by the defendant that offer sports news and information.  The plaintiff alleged that these activities diverted user traffic and functioned as a substitute for its Sina Sports service, thus resulting in losses to the plaintiff and improper benefits for the defendant.

The Haidian Court held in the first instance that the plaintiff’s Sina Sports service deserved legal protection under the Anti-Unfair Competition Law (AUCL) based on upon evidence of its success in compiling and presenting sports information that created true commercial value.  The court then held that the defendant’s behavior violated the general prohibition on unfair competition in Article 2 of the AUCL, specifically noting that the defendant’s acts were unfair to the plaintiff, harmed the long-term interests of consumers and negatively impacted upon market order.

The defendant was ordered to cease its acts of unfair competition and compensate the plaintiff in the amount of RMB 1.156 million (~US$158,000).

Neither party appealed the court’s decision, and thus the judgment was deemed final and effective.

Related News

近日,由EastIP/东权律师事务所蒋强律师代理的美盛农资(北京)有限公司(以下简称“美盛农资”)商标侵权及不正当竞争纠纷案一审胜诉。...
由北京市东权律师事务所倾力打造的“新法镜鉴 · 东权East IP系列沙龙”首期活动——《蒋律解读2025反法修订》(北京场)成功举办。...
原告系美国知名设计师与艺术家,以其独特的黑白马克笔绘画风格闻名。近年来与国际一线大品牌合作,其设计作品具有较高的艺术及经济价值。...