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The second trial upheld the original verdict! Tesla wins the lawsuit against "5 million fans of Douyin".

2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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AutoBeta(AutoBeta.net)03/14 Report--

Recently, Tesla sued Douyin talent "Cai Boss" reputation infringement case of the second instance judgment, the verdict was "dismissed the appeal, upheld the original judgment", this judgment is the final judgment. In other words, this case ended in Tesla's victory.

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In June 2022, Tesla sued "Boss Cai" for infringement of reputation. On October 31 of the same year, the result of the first instance of the case was announced, and the judgment showed that the court found that the video content of "Boss Cai" was not based on facts, and that "Boss Cai" spoke fiercely in the video, with obvious negative comments, which has gone beyond the reasonable scope of supervision and criticism, and has the pertinence to slander Tesla Company. Based on this, the court ordered "Boss Cai" to apologize to Tesla on the official accounts of Weibo, Douyin and Wechat within 15 days from the effective date of the judgment, which lasted not less than 15 days, and compensated Tesla for 100000 yuan in tort losses.

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After that, Boss Cai filed an appeal, and the second trial of the case opened on February 7 this year.

The whole incident can be traced back to 2021, when Boss Cai posted a video with the theme "one of my Tesla supplier friends exposed the inside story" through his Douyin account. In the video, Boss Cai said that his friend was one of Tesla's suppliers, and the friend revealed that Tesla had committed a series of violations in his cooperation with suppliers after localization. But Boss Cai did not provide any evidence in the video to prove the authenticity of its description.

Tesla believes that "Boss Cai" failed to provide any evidence in the video to support the authenticity of its description, and has also complained about what "Boss Cai" said. However, Boss Cai said that the above content belonged to the revelations of a friend, and it was impossible for him to ask this "friend" to testify on his behalf, or even said that he had "forgotten" the name of this friend under great pressure.

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In 2022, Tesla took "Boss Cai" to court again, demanding that "Boss Cai" stop the infringement and delete the infringing content; make a public written apology and place it at the top of the relevant platform for no less than 90 days; pay nearly 5 million yuan in tort damages and bear the corresponding litigation costs.

On April 19, 2022, "Boss Cai" made public the incident through Douyin, describing that he was sued and claiming 5 million yuan in compensation, and said he would stay with him to the end, then "Boss Cai" declared war on Tesla. On April 21 of the same year, Boss Cai posted a video on Douyin, saying that he and his family were under great pressure and were "victims". The next day, Tesla also released videos such as "the Ministry of Justice sues car commentators" and "No Free Voice". It is understood that the three videos received a large number of retweets, likes and comments, but the video inserted the positioning of "Ningbo Oujiuhe Automobile Service Co., Ltd.", suspected of doing publicity for his personal company. Tesla believes that "Boss Cai" has done publicity for his personal company in the video, suspected of raising fans and publicity through "black" Tesla.

The new court announcement on the reputation dispute between Tesla (Shanghai) Co., Ltd. and "Boss Cai" was announced on May 30. the plaintiff is Tesla (Shanghai) Co., Ltd., and the defendant is Cai Jia. The related case opened in the Ningbo Intermediate people's Court of Zhejiang Province on June 1. According to the latest results, the court of the Ningbo Intermediate people's Court ordered "Boss Cai" to apologize to Tesla on the official accounts of Weibo, Douyin and Wechat within 15 days from the effective date of the judgment, which lasted not less than 15 days. and compensate Tesla for tort losses of 100000 yuan.

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Judging from the result of the latest judgment, this second trial is the final judgment, which means that the dust of the case has been settled and Tesla won the case in the end, and "Boss Cai" will make a public apology to Tesla within 15 days. So far, Boss Cai has not issued an apology on the relevant platform.

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Data show that "Boss Cai" is positioned as a car commentator on Douyin, and although the case ended in defeat, "Boss Cai" did not lose. It is understood that before the exposure of Tesla, "Boss Cai" had only more than 500,000 followers on the Douyin platform. After exposing the incident with Tesla, he quickly became a big shot in the automobile industry. Of course, the auto industry is concerned that being an online celebrity means that it has greater credibility and can attract more fans as well as produce more influence, so it needs to be more cautious when making comments. As of press time, the "Boss Cai" Douyin platform has 5.104 million followers.

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