According to reports on September 13th, the People’s Court Daily recently published details of a case where an individual was ordered to pay damages for secretly photographing and leaking photos of an unreleased vehicle.
On July 11, 2023, a video surfaced online featuring the unreleased Luxeed S9 (AITO M9) vehicle, with the filming location clearly within the factory premises. This incident quickly caught the attention of Seres Corporation, the manufacturer.
The leaked images provided a detailed look at various interior components of the Luxeed S9, including door panels, the steering wheel, the center console, and the climate control system.
Seres promptly reported the situation to the platform where the video was hosted. The uploader, identified as Mr. Chen, quickly deleted the video. However, the leaked content had already been widely disseminated.
The premature revelation of the interior design can lead to a diminished sense of novelty for consumers upon the official launch, potentially disrupting the company’s meticulously planned release schedule. Furthermore, if there are discrepancies between the test vehicles and the final production models, it could result in negative consumer feedback and damage brand reputation. Based on these factors, Seres argued that the leaked interior designs constituted a trade secret.
Consequently, Seres Corporation filed a lawsuit against Mr. Chen at the Chongqing First Intermediate People’s Court, seeking an injunction to cease infringement and compensation for damages. The Chongqing Intellectual Property Court was responsible for presiding over the case.
It was revealed that the individual gained access to the factory through a temporary side entrance intended for employee passage. During the court proceedings, Mr. Chen defended his actions by claiming to be a fan of the vehicle. He stated that he took the photographs and posted them online out of admiration, curiosity, and a desire to show off, asserting that his actions did not constitute infringement.
The court, in its deliberation, recognized the interior design of the vehicle in question as a trade secret. The judges noted that Mr. Chen was aware of the security measures Seres had implemented, such as maintaining a closed factory environment and using camouflage covers on vehicles. Despite this, he proceeded to photograph the unreleased vehicle. The court further pointed out that after being asked to remove the content, he re-uploaded and published it online, indicating a clear intent of improper conduct.
On January 13th of this year, Mr. Chen was found to be in violation of intellectual property rights and was ordered to compensate Seres Corporation with over 250,000 yuan. Following the verdict, Mr. Chen promptly settled the full amount of the awarded damages.
