The first smartphone screen hijacking unfair competition case announced

On March 19, the Hangzhou Internet Court publicly heard the plaintiffs OPPO Guangdong Mobile Communications Co., Ltd., Guangdong Huantai Technology Co., Ltd. and the defendant a technology (Ningbo) Co., Ltd. in an unfair competition dispute, and a judgment was pronounced in court. The is China’s first case of disputes over unfair competition due to smartphone screens hijacking.

 

OPPO is the manufacturer of OPPO brand mobile phones and the copyright owner and owner of the ColorOS mobile operating system. Huantai is the operator of mobile Internet services in OPPO brand mobile phones, and a technology company in Ningbo is the developer and operator of the "Hi Call" mobile application. The two plaintiffs believe that a Ningbo technology company developed the "Hi Call" APP, maliciously using technical means to pop up imitation information flow pages and advertising disruptive pop-up windows before and after the lock screen function of OPPO phones, or when the users turn off the mobile phones. A series of behaviors such as popping up disruptive advertisement pop-up windows after the application hindered and destroyed the network products and services legally provided by the two plaintiffs. At the same time, a Ningbo technology company imitated the "lock screen" product function of OPPO mobile phones, with "right slide to unlock", "close lock screen" and other designs, making users mistakenly believe that this is the lock screen service provided by OPPO mobile phones or mistakenly believe that there is a specific connection between this interface and the OPPO mobile phone, and it has implemented a confusing behavior.

 

After the trial, this court pronounced the case and ruled that a technology company in Ningbo immediately stopped unfair competition, that is, after the OPPO mobile phone turns off the lock screen (that is, the screen is turned on and the full screen page pops up after unlocking), after the mobile phone closes the lock screen (that is, after the screen is turned on and unlocked), the advertisement pop-up window will pop up; the full-screen page will pop up when the OPPO mobile phone lights up the screen and the lock screen will pop up; when the OPPO mobile phone closes any mobile application, the advertisement pop-up window will pop up; the behavior of popping up the window when the Wi-Fi status of the mobile phone changes; the behavior of popping up the window when the OPPO mobile phone is hung up, and compensates the two plaintiffs for economic losses and reasonable expenses for rights protection totaling 3 million yuan.