Tuhu Auto wins final judgment in anti-unfair competition case, Jingdong Auto ordered to pay 5 million yuan in compensation

date
04/08/2025
JD Car released a "Statement" on its official account "JD Automotive" stating that "Shanghai Intellectual Property Court has determined that the actions of the three defendants in the 'Shake the Tiger' promotional activities constitute unfair competition, and hereby make this statement to eliminate the impact." It is understood that on July 21, 2025, the Shanghai Intellectual Property Court made a final judgment on the "Shake the Tiger" case, with Tuhu Car winning the lawsuit, rejecting JD Car's appeal request, and the judgment is now final. The court determined that "JD Car engaged in commercial defamation and false advertising, not only constituting unfair competition, but also causing consumers to misunderstand in specific scenarios." The unfair competition dispute between Tuhu Car and JD Car began in September 2023, when JD Car used "Shake the Tiger Price" as its core promotional slogan and launched a series of marketing activities. In January 2024, Tuhu Car officially sued JD Car for unfair competition, the litigation lasted for nearly two years. The second-instance judgment of the Shanghai Intellectual Property Court pointed out that JD Car's implementation of the "Shake the Tiger Price" low-price marketing activities, the so-called "price 5% lower than competitors," easily misled consumers in specific scenarios, constitutes false advertising, and the "Shake the Tiger Price" series marketing activities itself also constitute commercial defamation, both of which constitute unfair competition. The court ordered JD Car to immediately cease its unfair competition against Tuhu Car. In addition, the Shanghai Intellectual Property Court also ruled that JD Car compensate Tuhu Car for economic losses of 5 million yuan, and require JD Car to publish a statement in the official WeChat account, video account, Weibo, official flagship store on Douyin, and JD Car App of "JD Automotive" for 10 consecutive days from the date of the judgment, to eliminate the infringement impact on Tuhu Car. A person related to Tuhu Car said, "We have received the compensation from the other party, but the other party has not yet issued a statement to eliminate the infringement impact in accordance with the judgment requirements. As a pioneer in the Chinese automotive service industry, Tuhu Car has always strictly followed national laws and industry regulations, actively responded to the national call to prevent 'blind competition,' and is committed to continuously improving the consumption experience of car owners through technological innovation. Regarding the outcome of this judgment, we thank the fair judgment of the national judicial system, and in the future, Tuhu Car will continue to adhere to its original intention, strictly demand of itself, and promote high-quality industry development. We are willing to work together with law-abiding industry partners to continuously build a prosperous and healthy automotive aftermarket ecosystem."