"ERNIE Bot" (English name: "ERNIE Bot") is a large artificial intelligence model developed by Company A and Company B, which can realize the functions of dialogue and interaction with people, answering questions, assisting in creation, etc. On February 7, 2023, companies A and B officially announced the launch of the project, and applied for the trademark "ERNIE Bot" on the same day, which was later approved for registration. On March 16th of the same year, Company A and Company B held a press conference to officially release the product to the public. Company A simultaneously launched the service on its website and mobile devices. In April 2023, Company C and Company D were successively established, with Company C being the sole shareholder of Company D. It is understood that the enterprise names of C and D both contain the words "ERNIE Bot", and their business scope includes general application of artificial intelligence, development of basic software of artificial intelligence, integration of intelligent control systems, etc. In addition, Company C also used the words "ERNIE Bot" in its business premises. In March 2024, companies A and B sued companies C and D to the court, claiming that companies C and D used the product name of "ERNIE Bot" for enterprise name registration and promotion without permission, which damaged the legitimate rights and interests of companies A and B, and requested the court to order companies C and D to stop infringement and compensate economic losses of 900000 yuan and reasonable expenses of 50000 yuan for rights protection. According to the relevant provisions of the Anti Unfair Competition Law, operators are not allowed to use without authorization signs that have a certain impact on others, such as product names, packaging, decoration, etc. When determining whether a commercial logo constitutes a "certain influence", the specific circumstances of the case should be taken into account, taking into account factors such as the usage time, geographical scope, advertising investment and effectiveness, market awareness, reputation, etc. The core is whether the logo has the function of identifying the source of goods or services. According to the investigation, as early as February 2023, the "ERNIE Bot" AI big model has received repeated reports and high attention in the domestic AI field. Several well-known enterprises announced to cooperate with "ERNIE Bot". The name "ERNIE Bot" has formed a close relationship with Company A and Company B, which is enough to play its role in identifying the source of goods. It can also be recognized that it has a certain influence before the establishment of Company C and Company D. The court held that as a trustworthy operator, when using the company name to indicate the identity of the business entity or the source of goods, the principle of rights avoidance should be followed, and priority rights should be avoided. In this case, Company C and Company D, as operators whose business scope includes the field of artificial intelligence, should know the meaning of the "ERNIE Bot". However, the two companies failed to perform their reasonable obligations of avoidance, used their influential trade names as their business names without authorization, and deliberately attached to the goodwill of others, which was enough to cause the relevant public to mistake them for special relationships such as franchise, affiliated enterprises, licensing, etc., which constituted unfair competition, and they should bear the responsibility to immediately stop infringement and compensate for losses. Regarding the amount of compensation, the court believes that neither party to the lawsuit has provided evidence to prove the actual losses suffered or benefits obtained due to the infringement, and therefore the statutory compensation standard should be applied in accordance with the law. After considering the popularity of the product name involved at the time of the infringement, the subjective malice of the infringement, the circumstances and duration of the infringement, and taking into account factors such as the lawyer fees paid to stop the infringement, the Gulou Court ordered C and D companies to compensate A and B companies for their economic losses and reasonable expenses totaling 40000 yuan for their infringement in accordance with the law. (outlook new era)