Mr. Chambers Yang Helped a Client Win a Commercial Defamation Lawsuit

Mr. Yuan used to work for a well-known coal feeder designing and manufacturing company (“Company A”). Several years ago, Mr. Yuan resigned and started his own business by founding a coal feeder accessory manufacturing company (“Company B”). Afterwards, Company A, the company he used to work for, initiated a lawsuit against Mr. Yuan and claim that it suffered business secret infringement by Mr. Yuan and his Company (Company B). However, that lawsuit was withdrawn because it was identified that the technologies of Company A had been public. Meanwhile, Company A distributed a “Notification Letter” with insulting language, in which Company B was described as a fraudulent company selling fake products, to Company B’s clients and replace relevant products for Company B’s clients for free. As a result, Company B lost a lot of clients and suffered a great loss.


 


To solve this problem, Company B asked senior lawyer Mr. Chambers Yang for help. Mr. Yang carefully analyzed the “Notification Letter” and “Replacement Certificate”, and considered that Company A had committed commercial defamation, which was a typical unfair competition. Company B then entrusted Mr. Yang and his lawyer team to bring a lawsuit to Shanghai Pudong New Area People’s Court. During the lawsuit, Company A insisted that Mr. Yuan and Company B had infringed its business secret, so as to defend itself as well as distract the court from the focus of controversy of this case. After several times of court investigation and debate, the court eventually ascertained the truth and came to a verdict, deciding that Company A cease the infringement against Company B, publish a public apology on professional magazines to eliminate the adverse effects caused by the infringement, as well as make compensation for Company B’s losses.


 


Company A refused to accept the sentences, and appealed to Shanghai No. 1 Intermediate People’s Court. Mr. Yang and his lawyer team represented Company B once again, and debated on the relevant fact and applicable laws against Company A. Recently, Shanghai No. 1 Intermediate People’s Court has made final verdict which rejected the appeal and affirmed the original judgment.

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