AutoBeta(AutoBeta.net)05/30 Report--

On the afternoon of May 30th, Tesla (Shanghai) Co., Ltd. and Tesla roof rights protection female car owner Ms. Zhang reputation dispute was sentenced in the first instance. The case number is (2021) Shanghai 0118 No. 17510 at the beginning of the Republic of China, the plaintiff is Tesla (Shanghai) Co., Ltd., and the defendant is Ms. Zhang. The Shanghai Qingpu District people's Court issued a judgment of first instance on the case: Ms. Zhang from Henan, who stood on the roof of the car at the Shanghai auto show, was found to have infringed Tesla's reputation and should issue a public statement of apology to Tesla and compensate Tesla (Shanghai) Co., Ltd. a total of 172275 yuan.

The court held that in this case, Ms. Zhang did not provide any evidence to prove that there was indeed a brake failure in the vehicle involved, and she also clearly admitted in the trial that the brake failure claimed during the implementation of the act involved in the case was her subjective judgment. In this case, Ms. Zhang does not apply for judicial identification of whether there is brake failure in the vehicle involved in the case, so according to who advocates who gives evidence, Ms. Zhang bears the legal consequences of the inability to give evidence. At the same time, in the absence of any objective basis to prove the brake failure of the vehicle involved in the case, Ms. Zhang hastily committed the act of defamation. The court refused to accept Ms. Zhang's opinion that her behavior did not constitute an act of libel.

On the same day, the reputation dispute between Tesla Automobile (Beijing) Co., Ltd. and car blogger Feng Shiming was held and sentenced in the people's Court of Qingpu District, Shanghai. It is understood that in the case of Feng suing Tesla's reputation right dispute, the court rejected all his claims; in the case of Tesla suing Feng's reputation right dispute, the court ruled that Feng issued a public statement of apology and compensated Tesla for 250000 yuan.

The court found that the media man Feng had committed an illegal act of disturbing the order of public places in the "Shanghai Auto Show incident" on April 19, 2021, which played a role in organizing and planning the incident. The content of the Weibo article involved in the case is basically true, so it is difficult to identify the damage consequences that resulted in the reduction of Feng Shiming's social evaluation, and all the litigation claims of Feng Shiming are not supported. In addition, because Feng Shiming long attacked Tesla and derogated Tesla's reputation on Weibo, the court ordered him to apologize to Tesla and compensate Tesla for losses of 250000 yuan on his Weibo account and Rule of Law Daily.

In response to the above news, Feng Shiming responded on Weibo that both cases had been lost, and said: "the court has an obvious one-sided tendency."

It is understood that Feng Shiming is a senior auto talent. On April 19, 2021, Tesla advocated that the lady climbed to the roof of the car while defending her rights at the Shanghai auto show. Feng Shiming was questioned by Tesla as the planner of the event. Feng Shiming later denied the claim on Weibo, saying he had only given Ms. Zhang a media day pass and said "to provide some unnecessary assistance to normal rights protection to assist ≠ organizations in planning to get on the roof of the car."

A brief review of the cause 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.

On April 19, 2021, on the first day of the Media Day of the Shanghai Auto Show, Ms. Zhang, wearing a T-shirt emblazoned with the words "brakes failed", appeared on the roof of a vehicle at Tesla's booth to defend her rights and shouted "Tesla's brakes failed." Ms. Zhang was later sentenced to administrative detention for five days for disturbing public order. 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.

On June 6, 2023, Ms. Zhang attended the pre-court meeting in which Tesla countersued Ms. Zhang for infringement of reputation rights. Ms. Zhang later said in an interview with the media: Tesla thought that her act of safeguarding her rights at the Shanghai auto show on April 19, 2021 violated Tesla's reputation rights, so she claimed 5 million yuan. Ms. Zhang said that whether the right of reputation was infringed or not, it was first necessary to identify whether Tesla had brake failure, so she filed a counterclaim in court.

According to several media reports, the evaluation report issued by the judicial evaluation agency shows that the "Shanghai Auto Show incident" caused Tesla to suffer a direct loss of more than 170 million yuan in orders and tens of millions of yuan in goodwill.

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