AutoBeta(AutoBeta.net)05/26 Report--

Tesla said on his official Weibo on May 26: "many car owners, media friends and netizens are following and inquiring about the progress of the relevant cases. I will uniformly report to you: Ms. Zhang, the female owner of the roof of the Shanghai auto show, sued Tesla's reputation dispute and personal information protection dispute. After hearing the case, the court of first instance ruled to reject all Ms. Zhang's claims in the two cases."

According to reports, the court recently ruled on two cases of Ms. Tesla in Anyang, Henan Province. The court rejected Ms. Zhang's lawsuit against Tesla, and Tesla won the case. The results of the court judgment exposed on the Internet showed that in the case in which Ms. Zhang sued Tesla for infringement of her reputation rights, the court rejected her claim, and Tesla won the case; Ms. Zhang sued Tesla for violating her personal privacy, and the court also rejected her claim. Tesla won the case.

According to the first court judgment posted online, a traffic accident occurred after a year of use of Tesla's car, which questioned the quality of the product. Zhang parked the accident vehicle with the words "brake failure" in a public place because of a dispute over product quality. Zhang then put a jacket with the words "brake failure" on the roof of the show at the Shanghai auto show, disturbing public order and attracting relevant media attention. Tesla Beijing Company and its staff mentioned "team", "whitening" and "she is only willing to pay high compensation" through the official Weibo and media interviews. on the whole, it is a description of the relevant facts in the process of communication and coordination between the two sides and a response to Zhang's claim and proposition. Although the wording is not rigorous enough, it does not use insulting language, nor deliberately derogate or vilify the personality of Zhang and Li. Therefore, it can not be concluded that Tesla Beijing Company and Tesla Shanghai Company have infringed upon the reputation rights of Zhang and Li. The court rejected the litigation request of Zhang and Li, and the case acceptance fee of 2600 yuan was borne by Zhang and Li. The court rejected the litigation request of Zhang and Li, and the case acceptance fee of 2600 yuan was borne by Zhang and Li.

According to the second court judgment exposed online, Tesla responded to the query raised by Zhang. In an interview with the market regulatory newspaper, it provided the vehicle data of one minute before the accident, including the frame number, with a written description to the market regulatory newspaper. The market regulatory newspaper did not delete it or make subjective comments to publish it. From the point of view of the group of data and written description. Only the description and explanation of the relevant data can not be related to Zhang's personal private information. Tesla himself made public the data of the vehicle involved in the case on his Weibo before dealing with the information, and the frame number was publicly marked under the front windshield when it left the factory. The above-mentioned acts carried out by Tesla and the market supervision newspaper are not illegal, do not exceed the reasonable scope when dealing with the relevant information that has already been made public, and do not infringe upon Zhang's personal information. With regard to Zhang's claim that Tesla will selectively disclose incomplete driving data to maliciously guide public opinion and infringe upon its legitimate rights and interests, the court does not accept the lack of factual and legal basis. As a result, the court rejected Zhang's lawsuit, and the case acceptance fee of 2600 yuan was borne by Zhang.

First of all, let's review the origin of the whole incident. On February 21, 2021, the defendant Ms. Zhang's Tesla Model 3 had a serious rear-end collision, resulting in her parents being injured and hospitalized. The accident was judged by the traffic police to be the driver's full responsibility, but Ms. Zhang thought it was Tesla's "brake failure" fault, so she began to defend her rights. After the protection of rights failed. Zhang was administratively detained for five days after wearing a T-shirt emblazoned with the words "brake failure" on the roof of a vehicle at Tesla's booth to defend her rights and shouted "Tesla's brakes failed" at the Shanghai auto show in April 2021. Since then, Ms. Zhang has engaged in a fierce confrontation with Tesla on the vehicle issue, and Tesla's series of responses have also aroused widespread concern and dissemination.

On May 6, 2021, Ms. Zhang submitted a civil complaint to the people's Court of Beiguan District, Anyang City through legal channels. Ms. Zhang believes that some of the remarks made by Tesla and Tao Lin, vice president of foreign affairs of Tesla, infringed upon their personal reputation, so Ms. Zhang demanded that the relevant personnel be investigated for legal responsibility in accordance with the law and claimed 50, 000 yuan in compensation for mental damage from Tesla.

On May 21, 2021, Tesla countersued Ms. Zhang for infringing the right of reputation and filed a case in the people's Court of Qingpu District, Shanghai. On August 14, 2021, Ms. Zhang received a consultation form for pre-litigation mediation opinions sent by the Shanghai Qingpu District people's Court. Ms. Zhang said that Tesla also filed a lawsuit against her. she was asked to issue an apology on the media and Weibo for infringing her reputation rights at the Tesla booth at the Shanghai Auto Show in April and a claim of 5 million yuan.

In response to Tesla's counterclaim, Ms. Zhang said that the Tesla incident had a lot of negative impact on her, so the compensation for mental damage previously demanded by the other party would also be increased from 50, 000 yuan to 500000 yuan, which was supported by the court.

With regard to the brake failure, it is understood that Ms. Zhang has submitted materials to the court in July 2021, but there has been no progress due to the problem of the jurisdiction of the court. In August 2021, Ms. Zhang submitted a written request to the State Administration of Market Supervision and Administration to investigate the brake failure and received a reply that "the case has been filed", but because of the complexity of the case, it will take longer to get feedback.

On December 24, 2021, the case of Ms. Zhang, the owner of Tesla's car roof, suing Tesla's reputation rights dispute was held in the people's Court of Beiguan District, Anyang City, Henan Province. The first trial of the case was held, but the case was not pronounced in court. Ms. Zhang said on behalf of the lawyer that the court will pronounce the verdict at a fixed time, and it is not possible to judge the result at present, and it is believed that the court will make a fair judgment. At that time, Tesla staff also replied: "We will actively respond to the lawsuit and respect judicial decisions. Before that, we do not want to have too much interference and mislead public opinion."

With the verdict of the two cases released, it means that the two related cases of "brake failure" that lasted for two years have been settled. It should be noted that so far, another dispute between Ms. Zhang and Tesla has not yet been decided. In September 2021, Tesla countersued Ms. Zhang for infringing her right of reputation and demanded an apology and compensation of 5 million yuan. The case flow shows that the case was originally scheduled for May 9, but the media reported that the defendant applied for an extension and agreed to postpone the hearing after being reviewed by the collegial panel.

On May 4, Ms. Zhang said in an interview with the media that after two years, she needs to readjust the lawyers who follow the case, which will take time to prepare and will communicate with the judge to apply for an extension, but will actively respond to the lawsuit.

According to Tianyan investigation, the reputation dispute between the plaintiff Tesla (Shanghai) Co., Ltd. and the defendant Zhang Yazhou will be heard by the Shanghai Qingpu District people's Court on June 6.

For the follow-up progress of this incident, "Automotive Industry concern" will also continue to pay attention.

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