Blue Sky Travel Timeless Appeal Unfair Competition Case Company Case Studies

As one of the typical cases of anti-unfair competition law, the blue sky travel case with meaningful company involved in false advertising, commercial defamation, and a deeper level of tourism under the background of e-commerce market access and other typical economic law in legal issues. At the same time, the case also involves the civil procedure law, administrative law, intellectual property law, international law, such as cross direction angles of legal issues, make it a rich content, wide range of excellent research object.This article intends to start from the legal dispute of blue sky and meaningful company, with the method of empirical analysis, used by major premise and minor premise conclusion syllogistic logic method, the practical analysis on this case. And thus cause some legal problems in this case, such as ACTS of unfair competition main body, electronic business enterprise of market access and typical legal problems such as repeated litigation in the civil procedure law, and carries on the analysis discussion with other similar cases, and in order to draw on the legal theory and legislation, judicature and legal practice beneficial conclusion.Of competition relationship, is the premise of ACTS of unfair competition. In this case, meaningful company whether there is competition between travel agencies with blue sky, is a basic issue in this dispute. Meaningful company thinks, the blue sky is provided by the travel agency service, and length is network tourism information consulting services provided by the company, which is not in the same industry, there is no competition, therefore the blue sky travel agency is not filed the eligibility of subject of litigation of unfair competition. Constitute the main body of ACTS of unfair competition is limited to the direct competitors, competition is limited to the direct competition relationship, is the first focus disputed in this case, is also in the unfair competition problems often encountered in the judicial practice.Blue sky travel agency that meaningful company is a wholly foreign owned enterprise and the business qualification of does not have to travel, but through deceptive propaganda, make consumers as "meaningful" is a tourist enterprise with legal qualification and through its booking tickets, hotels and tourism, tourism severely damaged the normal management order, damage the lawful rights and interests of other operators, constitutes unfair competition. And meaningful companies argue that meaningful company is registered according to law and on the Internet in providing travel information consulting company, operating in accordance with the law, there is no unfair competition behavior. Today which progresses by leaps and bounds in electronic commerce, traditional enterprise access to the legal system has not well adapted to our country electronic commerce development present situation, how to further perfect the relevant laws and regulations, the law can better service in the new form, also become the development of science and technology brings us a new problem.Anymore about the "principle" as an important principle in civil litigation, is the need of res judicata, are an important part of maintaining judicial authority. In the theoretical circle and judicial practice, how to constitute a litigation repeated action, also think differently. Blue sky travel agency and meaningful company, in the blue sky travel agency with the same propaganda or different content in different periods of the same propaganda has filed a suit of unfair competition for many times, if a repeat, is this case involves another focal point question.