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Thousand Oak Was Sentenced To Discontinue "Happy Net" And Compensate.

2010/10/27 16:49:00 53

True And False Happiness Net 1000 Oak Compensation

Today, the second intermediate people's Court of Beijing City publicly declared the infringement of trademark rights and unfair competition cases by the Beijing Kaixin Information Technology Co., Ltd., the Beijing thousand oak Internet Technology Development Co., Ltd., Beijing thousand oak Netscape Technology Development Co., Ltd., and decided that the two defendants should not use the same or similar name in the social networking service with the unique name "happy net" which is the well-known service owned by the plaintiff, and at the same time compensate the plaintiff for 400 thousand yuan in economic losses.

In March 2008, the plaintiff founded "

Kaixin

"(kaixin001.com), the plaintiff also has the" happy "word exclusive right to use registered trademarks.

Soon after the opening of Kaixin net, it became a new well-known website with high commercial value.

In October 2008, the plaintiff found that the defendant oak oak Internet company also launched the same name "kaixin.com". The website name, service function, service object and service content of the website are exactly the same as that of the plaintiff website, making it difficult for the netizens to distinguish true or false, resulting in a marked slowdown in the registered users' rise and the huge loss of the plaintiff's legal interests.

After 1000 oak Internet company changed the website "telecommunication and information service business license" holder to the defendant thousand oak Netscape Co.

The plaintiff held that the actions of the two defendants jointly infringed the plaintiff's exclusive right to use the registered trademark. Meanwhile, the two defendants violated the commercial principles of fairness and good faith and constituted unfair competition, so they appealed to the court and ordered the two defendants to stop using the name "Kaixin net" and "happy net" as the name of the website and the "kaixin.com" domain name, and to compensate the plaintiff for the economic loss of 10 million yuan.

After two hearings, the court held that the plaintiff provided it through kaixin001.com.

Social networking

Service has become a well-known service. As the most important way for network users to identify the service, the website name has become the unique name of the well-known service and is protected by China's anti unfair competition law.

The defendant thousand oak Internet company, as a company with certain influence in the Internet industry, knows the social networking service provided by the plaintiff to become a well-known service. It uses the unique name of the well-known service, "Kaixin" as the website name, and provides social networking services to the public in the same industry and territory. It makes the users of the network confuse the services provided by the two party. The above acts of 1000 oak Internet company have subjective faults, violate the principle of good faith, constitute unfair competition, and should bear corresponding legal responsibilities.

After accepting the kaixin.com, the Netscape Co used the special name "happy net" as the well-known service of plaintiffs in its operation process. It also had subjective fault, constituted unfair competition and should bear corresponding legal liability.

For other demands of the plaintiff, the court held that the social networking services were not the same as those approved by the "happy" character registered trademarks, and the two defendants did not infringe the company's exclusive right to use registered trademarks.

Although there is a certain correlation between the "kaixin.com" domain name and the "happy network" name and the "kaixin001.com" domain name, there are still some differences. Under the normal circumstances, simply based on the above correlation is not enough to cause the network users to misunderstand the different network services provided by the operators, so the court finds that

Thousand oak interconnect

The action of using the "kaixin.com" domain name by 1000 oaks Netscape Co is not a counterfeit behavior of the name of the famous service of "Kaixin", the "kaixin001.com" domain name, and does not constitute unfair competition.

The website's home star smiling face and happy net character combination logo, which is the website's name icon, is not the decoration of China's anti unfair competition law.

Therefore, the above opinion of happy company is not enough.