Shanghai (Gasgoo)- Data from the Qichacha app show new progress in an infringement-liability dispute between SERES Automobile Co., Ltd. and blogger Yang.
After defendant Yang failed to make the payment required by a legally effective court judgment on time, he was placed under high-spending restrictions in accordance with the law.
Enforcement records indicate SERES Auto applied to the court on Sept. 28 last year to compel payment of 34,129 yuan from Yang. With Yang refusing to comply, the company filed another motion on Dec. 31 seeking a consumption-restriction order.
Image source: SERES
The case stems from infringing remarks on an online platform. According to an earlier rights-protection notice from SERES Auto, Yang — now under high-spending restrictions — is the holder of the account "Old Zhu Really Likes Cars."
The account was found to have infringed by posting improper remarks involving SERES Auto. After trial, the court ordered Yang to post a written public apology to SERES Auto, pinned at the top of his account homepage, and keep it publicly visible for no less than 90 days.
On economic losses, the court ordered Yang to compensate SERES Auto with 30,000 yuan for infringement and to bear a notarization fee of 3,000 yuan, totaling 34,129 yuan.
As Yang has not voluntarily fulfilled the payment obligations set out in the judgment, SERES Auto applied for compulsory enforcement. During enforcement, Yang still failed to comply, prompting SERES Auto to seek a consumption-restriction order.
A consumption-restriction order is a compulsory enforcement measure imposed by a people's court; once restricted, a judgment debtor is barred from a range of high-spending and non-essential consumption activities.
The case's progress highlights automakers' resolve to defend their rights against online infringement through legal means, and the force of judicial enforcement.
