Letter of apology

 Trial has been concluded between the two, I have lost the case, in view here to a Golden Holiday Travel Co., Ltd.

attached: two trial verdict
Xicheng District People's Court Civil Judgement

(2008) West, Republic of China Zi No. 2965
plaintiff Ctrip Computer Technology (Shanghai) Co., Ltd., Hong Cao Road, Shanghai, home to 63 421, third floor.
legal representative of the Min Fan, general manager.
agent Qin Yang, Shanghai, four-dimensional Lok Ma Lawyer.
Beijing Golden Holiday Travel Service Co., Ltd., domiciled Fu Wai Street, Xicheng District, Beijing Vantone New World Plaza 二号 Room A602.
money to woo the legal representative and general manager.
agent Zhao mind, male, Han nationality, June 23, 1954 born, Beijing Golden Holiday Travel Service Co., Ltd. Office, live Baiwanzhuang Chen District Xicheng District, Beijing No. 1 6.
agent section of Dan, F Han, October 29, 1982 born, Beijing Golden Holiday Travel Service Co., Ltd. a legal assistant, live Xisanqi Xing Park, Haidian District, the 4th South, Unit 3, 302.
plaintiff Ctrip Computer Technology (Shanghai) Co. (hereinafter referred to Ctrip Company) and the defendant Beijing Gold Holiday Travel Co., Ltd. (hereinafter referred to as Golden Holiday Company) damage to business reputation dispute case, the Court on February 19, 2008, after receiving the law formed a collegiate bench in April 2008 the 1st public court session. Ctrip's agent plaintiffs Yang Qin, the defendant's agent Zhao gold holiday in mind, Dan court to participate in the litigation section. case hearing has now concluded.
Ctrip company claimed that the plaintiff this suit on the Internet to provide users with travel information consulting services to corporate entities, the defendant operated site www.goldenholiday.com (hereinafter referred to as Golden Holiday Network) via the Internet to provide users with travel information consulting services to .2007 in December, the plaintiff received several customer complaints, said the sites were found in the gold holidays, said the plaintiff publicity has accused the article business travel business, and the National Tourism Administration for up to eight years simply on Ctrip r l illegal business activities, as no matter objectively caused foreign investment in China's tourism business, the illegal market exists r l a serious Ctrip consequences hhl r travel business is now illegal so-called co-operation with other tourism enterprises l r in the name of the business, the National Tourism Administration which is also ignored. this ; in National Tourism Administration to give up Article XVIII of this article stipulates that the law is to Ctrip for the l r such illegal acts of tourism joint venture to open a so-called l r channel! hh in now Ctrip r l represented the actual foreign capital have been using the Internet to share travel e-commerce market has 50% market share in a situation of severe hh , December 10, 2007. The defendant claimed that plaintiff However, the defendant should follow legal channels to claim. the defendant knowingly spreading false facts fabrication will constitute an infringement of the plaintiff's reputation, is still publicity in the form of its website to promote, the objective to achieve a reputation for defamation plaintiffs to obtain unfair competition. So Ctrip plaintiff company taken to court, requesting an order the defendant companies to immediately stop the gold holiday plaintiff slander, defamation and other violations; a prominent position on its Web site home page for less than 120 days of an apology, eliminate the adverse effects; compensation for notarial fees 2000 element; bear the cost of litigation case.
gold holiday company argued that the defendant, the plaintiff stated www.goldenholiday.com website is our website, our company has freedom of speech and submitted to the State Council Legislative Affairs Office, ) and hearing the views of the application publicity and other illegal acts. So the defendant's conduct did not constitute damage to the goodwill of the plaintiff, asked the court dismissed the plaintiff's claim.
the process of trial in this case, the plaintiff submitted to the court the company Ctrip following evidence:
1, the famous trademark certificate to prove that the plaintiff have spending 2,000 yuan.
3, the Shanghai Higher People's Court (2006), Shanghai High People III (known) final word Civil Judgement No. 41, (2007) Shanghai High People III (known) final word, and Civil Judgement No. 13 internet apology. that the defendant had been court found the wording to constitute unfair competition, and other similar cases have been court decisions and implement.
gold holiday company accused the plaintiff submitted no objection to the authenticity of the evidence, but considered irrelevant.
view of the above evidence the defendant has no objection to the authenticity of the material, the Court submitted by the plaintiff to confirm the authenticity of the above evidence, the evidence to confirm the relevance of 1,2, 3 because of evidence that the plaintiff associated with the Third Party proceedings and enforcement of judgments in civil cases, the evidence does not confirm the relationship.
defendant Golden Holiday Company submit the following evidence to our hospital:
1, Ctrip's business license, Shanghai Administration of Industry administrative penalty decision, the Shanghai Industrial and Commercial Bureau's letter to the prime holiday company, China Merchants Bank China Merchants Bank credit card statement and proof of credit card center, media reports, there is no proof of Ctrip air tickets company agency business, the company's illegal Trade and Industry Bureau operations and therefore subject to punishment, and punishment do not change after the ticket sales will continue to operate air services agency;
2, Shanghai Ctrip Commerce Co., Ltd. a copy of value-added telecommunications business license, the name of the Shanghai Communications Administration Network Services Information Registration Form, Beijing Dongcheng Branch Trade and Industry Bureau asked a copy of transcripts to prove that Internet information services business;
3, Ctrip's business enterprises of information look-up table, Page, (2007) Beijing National Jung Min Zi 4206 No. certificate, (2005), Shanghai One Man V (known) initial word No. 97 civil judgments and (2006) Shanghai High People III (known) final word No. 41 Civil Judgement, (2007) Shanghai in China for a five (know) the beginning of the word Civil Judgement No. 382, (2005), the Shanghai High People III (known) final word Civil Judgement No. 36 of Ctrip companies prove the fact of false advertising.
Ctrip company cross-examination that the plaintiff: the evidence against the defendant's business license 1, Shanghai Industry and Commerce Bureau administrative penalty decision, the Shanghai Industrial and Commercial Bureau to gold holiday company has no objection to the authenticity of the letter, but believe prove that the plaintiff had a business license online travel information consulting service business qualification. Although the plaintiff had been punished, but has since been corrected. For the Merchants Bank and China Merchants Bank credit card statement credit card center show that the evidence in the legal instruments in force have been identified, ticket sales not included in the income of the plaintiff company account. For media reports submitted by the defendant because the defendant is a copy of the evidence submitted, it is not recognized the authenticity of the same time that there is no association with the case.
provided for the defendant 2 proofs of evidence had no objection to the authenticity, but do not agree with the purpose of the defendant's proof.
evidence for 3 defendants in the information business enterprises have no objection to the authenticity of the lookup table, but do not agree with the purpose of proof. on the Guide the purpose of the defendant's proof of consent. For no objection certificate of authenticity, but that has nothing to do with the case. For no objection to the authenticity of civil judgments, but do not agree with the purpose of the defendant's proof.
evidence submitted by the defendant, according to the parties the burden of proof, cross-examination situation, the Court certified the following: In view of the evidence a plaintiff in the business license, the Shanghai Industrial and Commercial Bureau administrative penalty decision, correspondence and evidence 2, 3 evidence of information in the inquiry form businesses, the public certificate of evidence 4 , has no objection to the authenticity of the civil judgments, the Court confirmed the authenticity of the above evidence. For evidence one of the China Merchants Bank and China Merchants Bank credit card statement credit card center show that the evidence in the Shanghai Higher People's Court (2007), the Shanghai High People III (know) the final word in the Civil Judgement No. 13 identified have been made, proof of the contents of the defendant, the Court shall not be recognized. The evidence of one of the media reports, the evidence of 3 in the Travel Network Member Handbook and membership card, Ctrip for failing to produce the blue pages of the original, the plaintiff shall not be recognized for its authenticity, it is not the Court recognized for its authenticity.
According to the Court finds that the evidence and the parties agreed statement, the Court identified the following facts:
1, the plaintiff Ctrip was founded in January 19, 1994, its business scope includes and so on.
2, the defendant company was founded in Golden Holiday November 18, 1996, its business scope includes business only.
4,2008 plaintiff on 10 January agent Ctrip's Changning District, Shanghai Notary Office to the application for evidence preservation, Changning District, Shanghai Notary Public Office to make (2008) Shanghai card characters long by 288 certificate, certificate shows: in the browser address bar type actually illegal in the use of the Internet travel business, and the National Tourism Administration for up to eight years simply on Ctrip r l illegal business activities, as no matter objectively caused foreign investment in China's tourism business l r illegal market exists the serious consequences of hhl r Ctrip travel business is now illegal so-called co-operation with other tourism enterprises l r in the name of the business, the National Tourism Administration which is also ignored. this , the National Tourism Administration to give up Article XVIII of this article stipulates that the law is to Ctrip for the l r such illegal acts to open a travel business called r l cooperative channel! Ctrip Shanghai company to make the case at the Word Trade and Industry (2004) 200 200 410 009 No. administrative penalty decision that constitutes Ctrip company engaged in business activities beyond the scope of the act, and decided to punish 100,000 yuan.
6, the plaintiff's website as described in www.goldenholiday.com all of respondent gold holiday.
7, in business activities shall follow the voluntary, equality, fairness, good faith, to comply with business ethics, without prejudice to other operators of the legitimate rights and interests. the original defendant, both in the tourist information consulting services exist in the same industry competition, the defendant gold holiday in their own remarks published on the websites Ctrip has damaged the plaintiff's business reputation, the plaintiff constituted unfair competition Ctrip company, Ctrip company claims this court requested the defendant to stop infringement, apologize and compensate for the elimination of payments to stop infringement legitimate grounds for reasonable expenses, to support our hospital.
Gold Holiday companies counter that the defendant, the right to freedom of speech, to submit to the State Council Legislative Affairs Office, . The plaintiff does have illegal acts. the article was the middle finger However, in the exercise of their rights and shall not violate the legal rights and interests. based on existing evidence, the plaintiff, although the company has been subjected to Ctrip administrative penalties, but only in a particular course of business aspects of a certain time, as its whether there are illegal since the issue should be determined by the administrative department, not by individuals or other companies identified. Therefore, the defendant will use the Travel Regulations (draft) and hearing the views of the application, Travel service information and conduct business operations platform, the defendant's conduct objectively Ctrip will the public to doubt the legitimacy of company, thus affecting the company's evaluation in the community. Therefore, the remarks can be found the defendant and the plaintiff has a direct the stakes, and constitute an infringement of the plaintiff's business reputation, the plaintiff filed this complaint the defendant's conduct was not inappropriate.
sum up, according to (a), the first (nine), the immediately stop the plaintiff Ctrip Computer Technology (Shanghai) Co., Ltd. acts of unfair competition;
Second, the accused Beijing Golden Holiday Travel Service Co., Ltd. in the decision within twenty days from the date of entry into force on its Web site to www.goldenholiday.com Home plaintiff Ctrip Computer Technology (Shanghai) Co., Ltd. apology, eliminate the effect (the content is subject to court review, published no less than the 20th, fails to perform, the court issued in a national newspaper published the main content of this decision, the relevant costs by the defendant the burden of Beijing Golden Holiday Travel Service Co., Ltd.);
three accused Beijing Golden Holiday Travel Service Co., Ltd. in the decision within ten days from the date of entry into force of the plaintiff compensation Ctrip Computer Technology (Shanghai) Co., Ltd. and reasonable litigation expenses two thousand yuan;
four, dismissed the plaintiff Ctrip Computer Technology (Shanghai) Co., Ltd. in other claims.
case acceptance fee of seven hundred fifty yuan, by the defendant the burden of Beijing Golden Holiday Travel Service Co., Ltd. (in the decision to pay within seven days after the commencement of ).
If the defendant fails to Beijing Golden Holiday Travel Service Co., Ltd. during the period specified in this decision obligations of paying money, it should be based on the interest on the debt.
as against the verdict, the verdict can be delivered within fifteen days from the date, the appeal petition submitted to our hospital, according to the number of the other party copies of the motion, pay court costs, appeals in Beijing First Intermediate People's Court. If the appeal is not paid within seven days after the expiration of the appeal court costs, according to withdraw the appeal processing.
presiding judge Wu Yu Tian Yan

Judge Li Yuepeng
June 12, 2028
clerk Fu Guangqing

Beijing First Intermediate People's Court Civil Judgement
(2008) for a final word in the first 13,256 people
No. appellant ( the trial the defendant) Beijing Golden Holiday Travel Service Co., Ltd., domiciled Fu Wai Street, Xicheng District, Beijing Vantone New World Plaza II, Room A602.
money to woo the legal representative and general manager.
agent Dan paragraph, female, Han nationality, October 29, 1982 born, Beijing Golden Holiday Travel Service Co., Ltd. a legal assistant, live Xisanqi Xing Park, Haidian District, Southern District No. 302, Unit 3, No. 4.
appellee (plaintiff) Ctrip Computer Technology (Shanghai) Co., Ltd., Hong Cao Road, Shanghai, home to 63 421, third floor.
legal representative of the Min Fan, general manager.
agent Qin Yang, Shanghai, four-dimensional law firm Lok Ma lawyers.
appellant Beijing Golden Holiday Travel Service Co., Ltd. (Golden Holiday Company) and the Appellee Ctrip Computer Technology (Shanghai) Co., Ltd. (Ctrip Company) damage to business reputation dispute case, against the people of Xicheng District, Beijing Court (the trial court) on June 12, 2008 to the (2008) West Qing Zi Civil Judgement No. 2965 (the trial verdict), this court on appeal. hospital at September 24, 2009, after receiving , according to a collegial panel hearing the case, hearing has now concluded.
trial court has examined:
Ctrip was founded in January 19, 1994, its business scope includes services (including online travel information consulting service) Taiwan air routes, passenger sales agency business, 2006 until 2008 only.
2008 年 1 月 10 日 Ctrip's agent plaintiffs Changning District, Shanghai Notary Office to the application for evidence preservation, Changning District, Shanghai Notary Public Office to make (2008) Shanghai length by card 288 words certificate, certificate shows: in the browser address bar type foreign capital actually represented in the illegal use of the Internet travel business, and the National Tourism Administration for up to eight years simply on Ctrip r l illegal business activities, as no matter objectively caused foreign investment in China tourism business in the illegal market exists r l the serious consequences of hhl r Ctrip travel business is now illegal so-called co-operation with other tourism enterprises l r in the name of the business, this is also ignoring the National Tourism Administration. The The , the National Tourism Administration to give up Article XVIII of this article stipulates that the law is to Ctrip for the l r in such illegal business travel business behavior to open a so-called co-operation r l channel! The holiday company www.goldenholiday.com site is all gold.
2004 年 7 月 19 日 Shanghai Administration for Industry and the plaintiff company to the Shanghai Ctrip business case at the words (2004) 200 200 410 009 No administrative penalty decision that Ctrip company constitute engaging in business activities beyond the scope of the act, and decided to punish 100,000 yuan.
activities should follow the voluntary, equality, fairness, good faith, to comply with business ethics and must not harm the legitimate interests of other operators. gold holiday companies to make recommendations to the executive authorities and apply for a hearing, the act itself is not inappropriate, but it while in the exercise of rights shall not violate the legal rights and interests. based on existing evidence, although the company has been subjected to Ctrip administrative penalties, but only in the course of business aspects of a certain time, as to whether the subsequent there is the problem of illegal business should be determined by the administrative department, not by individuals or other companies identified. Therefore, gold holiday company will use the Travel Regulations (draft) and hearing the views of the application, provide travel service information and conduct business operations platform, gold holiday company will conduct an objective public Ctrip doubt the legitimacy of company, thus affecting the company's evaluation in the community. Therefore, we can identify the company released the gold holiday speech and Ctrip has a direct stake in the company, and Ctrip constitute an infringement of the company's business reputation, Ctrip gold holiday company filed the complaint the company's conduct was not inappropriate.
advisory services both in the tourist information there with the competition between Gold holidays in their own words published on the websites Ctrip has damaged the company's business reputation, the company on Ctrip constitute unfair competition, Ctrip company asked him to stop the infringement, apologize and compensate for the elimination of payments to stop infringement and reasonable expenditure justified, should be supported.
conclusion, the trial court based on Anti-Unfair Competition Law of the Republic, Twenty days www.goldenholiday.com page on its Web site apologizing to Ctrip companies, eliminating the effects of (content subject to court review, published no less than the 20th, fails to perform, the court issued in a national newspaper published in the Judgement of the main contents of the expense of the Golden Holiday Company burden); three, gold holiday company in the decision within ten days from the date of entry into force of corporate litigation and reasonable compensation for expenses Ctrip two thousand yuan; four, rejected Ctrip's other claims. such as gold The decision by the holiday company fails to specify the obligations of paying money during the period, it should be based on the After the company refused to accept gold holidays, to appeal this court said: The trial court confused the subject of proceedings, and who is appellee no proceedings in the case of the main qualifications. Second, the trial court found a serious error of fact. appellee that there are administrative authority determines that the facts of illegal business; a result of illegal behavior is the fact that the administrative authorities for punishment; the , there is no determined by the administrative department, not by individuals or other companies identified the public criticism and revelations. This is not a simple logic error, but attempt to use sentence Ctrip appellant companies were subject to trial verdict.
asked in the second trial, both sides recognized Ctrip prime accused in the case of infringement for the holiday company certificate No. 255 issued in www.goldenholiday.com site ; Travel Regulations (Draft)> Application for the comments and hearing, Word (2004) 200 200 410 009 No. administrative penalty decision, the information industry to draw Shanghai Communications Administration Office after four years of administrative review the final results yet.
May has examined the other facts the trial court identified with the aforementioned facts.
Court that the appellant's appeal against the proposition, this case involves the following two aspects:
one case on whether the company has Ctrip Litigation Qualification problem
Although platform. And, in the first instance trial, the site run by Shanghai Ctrip Commerce Co., Ltd. has also written for the case to the trial court stated that the violations in the Golden Holiday Company does not claim any right. Therefore, the trial court problem
as the matter of Civil Procedural, the trial court can only proceed with the hearing based on the prosecution of the plaintiff, and plaintiff's claim and the claim to the jurisdiction of the case. trial verdict that should be determined by the administrative department, not by individuals or other companies found Ctrip Company Ctrip allegations in this case the behavior of its constituent endorse unfair competition, therefore, the trial court allegedly infringing on the case findings of fact not in error.
The holiday company said gold posted on the site  Application for the comments and hearing ; any false facts, The report should follow the lawful rights of way and channel. to ascertain the facts known by the Ctrip Although the company in July 19, 2004 by Shanghai Administration of Industry decided that there was 100,000 yuan, proceedings of first instance or the second instance proceedings, were not submitted to the relevant administrative authorities of the allegedly infringing content in the article claimed Ctrip company public holiday ... so gold