Longing for "Life at Speed", but also holding onto the legal steering wheel
2024-04-07
In the movie "Life at a Speed 2", former champion driver Zhang Chi becomes a struggling driving school coach, living a barely scraped life. Unexpectedly, pie fell from the sky, and the director of the old man Leche factory, who was on the brink of production shutdown, voluntarily proposed to sponsor Zhang Chi to form a team and compete in the final Bayinbuluke Rally. Faced with the overwhelming wealth and prestige, Zhang Chi was restless, while the true purpose behind the factory director was unknown. The driver Li Xiaohai, who brought funds into the team, has a pure and kind-hearted appearance but a super talent that does not match his identity. A hardworking grassroots team overcame numerous difficulties and rushed to the arena with plenty of jokes. Zhang Chi once again launched an attack towards the endpoint that appeared countless times in his dreams, and behind the story, there were also many unavoidable legal issues. In this issue of "Chasing Drama and Learning Law", we will follow Li Yuyu, the assistant judge of the Haidian District People's Court in Beijing, to grasp the steering wheel of the law, cross mountains and seas with love, and fly freely in life. Scenario 1: Zhang Chi returned after a five-year hiatus. Although he crossed the finish line first in the Bayinbrook Rally, his performance was invalidated due to vehicle damage and lost lead seals. Now, he can only make a living by running a driving school with a group of old friends as a coach. Because Zhang Chi did not win the championship at that time, but used the words "champion coach" in the promotion of the driving school, which was identified as false propaganda by the relevant departments, he was ordered to stop the promotion and eliminate the influence. So there was a scene where Zhang Chi scraped off the promotional stickers on the glass windows with a small shovel. In reality, what laws are violated by false advertising in driving schools? False advertising refers to the behavior of operators in commercial activities using advertisements or other methods to provide false information about goods or services that does not match the actual content, leading to misunderstandings among customers or consumers. According to the Consumer Rights and Interests Protection Law, business operators providing consumers with information about the quality, performance, use, and validity period of goods or services shall be truthful and comprehensive, and shall not make false or misleading propaganda. At the same time, the Anti Unfair Competition Law stipulates that operators shall not engage in false or misleading commercial propaganda on the performance, function, quality, sales status, user evaluations, honors, etc. of their products, to deceive or mislead consumers. Operators shall not assist other operators in conducting false or misleading commercial propaganda through organizing false transactions or other means. In the Advertising Law, it is also stipulated that advertisements that deceive or mislead consumers with false or misleading content constitute false advertising content. Scenario 2: When Zhang Chi was invited to visit the Xindi Automobile Factory, the factory director introduced various "old man Le" knockoff cars: there were "waterlogging death" imitating Rolls Royce, "drought death" imitating Hummer, and "five rings" imitating Audi. Zhang Chi, Sun Yuqiang, and colleagues from the car factory also engaged in an "Old Man Le" race where they could not drift and roll over corners, with a top speed of 40 kilometers per hour. In the movie, the director regretfully told Zhang Chi that due to appearance infringement, Xindi Automobile Factory can no longer continue producing cars. Why can't the "Old Man Le" car factory continue to produce high imitation cars? The appearance of a car is an important consideration for consumers when purchasing a car, and the overall appearance of the vehicle is protected by laws such as design patents, copyrights, and unfair competition laws. Among them, the Patent Law stipulates that design patents
Edit：Jia jia Responsible editor：Wang Chen
Source：http://www.legaldaily.com.cn
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