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2024-11-17 Update From: AutoBeta autobeta NAV: AutoBeta > News >
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AutoBeta(AutoBeta.net)09/28 Report--
On Sept. 27, the female car owner of the Shanghai auto show posted on Weibo that she had also been claimed by Tesla for 5 million yuan, including a reputation dispute with Tao Lin, vice president of foreign affairs of Tesla, and a reputation dispute with the Tesla brand.
With regard to the reputation dispute between the rights protection car owner and Tao Lin, vice president of foreign affairs of Tesla: before that, Ms. Zhang publicly said that without any occupation, Tesla and Tao Lin, vice president of foreign affairs of Tesla, issued some false remarks, which had a serious impact on the work of individuals and their families.
Ms. Zhang believes that the plaintiff, as an ordinary car owner, had a product quality dispute with Tesla Company because of a driving accident, and the three defendants should have actively negotiated and dealt with it with an attitude of seeking truth from facts and respecting customers. However, the three defendants publicly made false remarks out of nothing and contrary to the facts in order to create a negative image of the plaintiff being vexatious and professional "car trouble". These remarks have caused serious trouble to the work and life of himself and his family, so he filed a lawsuit to protect his legitimate rights and interests.
According to the contents of the indictment, Ms. Zhang put forward three demands: ordering the three defendants to immediately stop infringing upon the plaintiff's reputation rights and eliminating the influence; ordering the three defendants to make a written apology to the plaintiff and publishing a notice of apology to the plaintiff in the national media; at the same time, publishing a written letter of apology to the plaintiff on its official Weibo (top of Weibo on the 10th); and ordering the three defendants to pay 50, 000 yuan in compensation for mental damage to the plaintiff.
According to the latest development, after going through the pre-litigation mediation procedure, the people's Court of Beiguan District, Anyang City, Henan Province formally filed the case, and Tesla raised a jurisdiction objection to the people's Court of Beiguan District, Anyang City. On July 26th, the Beiguan District Court of Anyang City rejected Tesla's objection to jurisdiction. On September 19, the people's Court of Beiguan District, Anyang City, informed that a pre-court meeting would be held on September 28.
On the reputation dispute between the rights protection car owners and Tesla: about the facts and reasons of Tesla suing the rights protection car owners for loss of reputation, the indictment published by Ms. Zhang did not show. With regard to the lawsuit request, Tesla asked the court to order Ms. Zhang to issue an apology statement on her personal Sina Weibo (which lasted for no less than 30 days), and publicly apologize to the plaintiff in the news media distributed nationwide, eliminate the influence, and restore his reputation; second, order the defendant to compensate the plaintiff for the direct property loss caused to the plaintiff by committing the act of reputation infringement with a temporary calculation of 5 million yuan.
According to previous reports, a female owner of a Tesla car in Anyang, Henan Province, was sitting on the roof of her car on March 9, claiming that the brakes of her Tesla Model 3 car failed, resulting in injuries to her father and mother. Tesla, a female car owner wearing a T-shirt with the words "brake failure", stood on the roof of Tesla and shouted "Tesla brake failure" at the Shanghai auto show on April 19. She was forcibly dragged away from the scene by security guards and detained for five days. Since April 19, rights owners and Tesla parties have engaged in a fierce confrontation over the vehicle issue, and now nearly three months later, there has been no result and is now at a standstill.
At present, it is still unknown whether Ms. Zhang Tesla has the problem of brake failure. In Ms. Zhang's view, Tesla needs to provide complete data in order to carry out vehicle identification, because only complete background driving data can be found. It is possible to find the truth of the accident, and until now Ms. Zhang claimed that she did not get the complete data, which is also the reason why there has been no breakthrough in the incident. From the case point of view, the current cases disclosed by Ms. Zhang are disputes over the right of reputation. of course, whether it is Tesla or Ms. Zhang, they think that the relevant parties infringe upon the right of reputation and there is no problem in suing the court. However, unlike before, Tesla also began to take up legal weapons to protect his reputation, and the loss was as high as 5 million yuan.
Han Chao, the owner of Tesla's rights activist car, also released a long article saying that he had been sued by Tesla for infringing his right of reputation. Tesla believed that the defendant, Han, the owner of the car surnamed Han, without confirming the relevant facts, attributed all accidents related to Tesla to Tesla's product quality problems, and long-term unverified and unsubstantiated remarks through social platform accounts, and also used insulting words to slander Tesla. In addition, he also expanded his infringing remarks through a series of online and offline acts, resulting in a negative public perception of Tesla, thus damaging Tesla's long-accumulated reputation. Tesla said the defendant Mr. Han should immediately stop all violations of the plaintiff's reputation rights and delete the content posted on the social platform. The defendant apologized to the plaintiff at the top of the social platform for 30 days in a row. The defendant compensates the plaintiff for the economic loss of 5 million yuan, and the defendant bears the reasonable support for the plaintiff's rights caused by the tort, totaling 5.05 million yuan.
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