Cheng Binghao Has Been Awarded The "Happy Net" Trademark?
NetEase technology 20 afternoon learned that the former Sina CTO Cheng Binghao founded happy 001 has obtained the "happy net" trademark right of use recently, and then sued Chen Yizhou founded the 1000 oak happy net unfair competition, the case has been officially accepted by the second intermediate people's Court of Beijing.
According to reliable sources, Cheng Bing Hao has been awarded a registered trademark of Kaixin, and the prosecution of thousand oak is just one of its many market plans.
Li Yunde, lawyer of happy 001 and lawyer of Chai Fu law firm in Beijing, revealed that 1000 oak was involved in embezzlement of "Kaixin net" brand, which involved the unfair competition rules which were used in the Anti Unfair Competition Law of People's Republic of China.
NetEase technology this afternoon confirmed to the relevant personnel office of the second intermediate people's Court of Beijing that the court had accepted the case, but because it had not yet heard the case, the other side refused to comment further on the case.
It is understood that the petition filed by happy 001 is to request the thousand oak company to stop using the name of Kaixin net and make an open apology.
Thousand oak did not comment on the case.
Yu Guofu, a well-known Internet lawyer and member of the China Internet Association policy and Resources Committee, told NetEase science and technology that the case will involve two laws: the trademark law and the anti unfair competition law.
He disclosed that happy 001 put forward 1000 oak Kaixin infringement, first of all, he must hold the brand of Kaixin.
Secondly, according to the provisions of the anti unfair competition law, if one of the competitors in the industry uses the same name after the other party uses a certain name and achieves a certain popularity, it will constitute unfair competition.
Happy 001, if you want thousands of oak to stop using the brand of Kaixin, you must make such evidence to the court.
Beijing Ruifeng law firm Zhang Qun lawyer said that because the case has not yet been heard, it is not convenient to comment on whether or not the thousand oak is infringed. But judging from the public information disclosed by the media at present, he has bought kaixin.com domain name at a high price after happy 001 has gained some popularity, and the act of naming Kaixin has hurt the legitimate rights and interests of happy 001. Therefore, if thousand oak can not put forward a proof of his own benefit, he will be at a disadvantage in the court trial.
Happy 001 was founded in March 2008 by the former Sina CTO Cheng Binghao. With the game of "parking location" and "buying and selling slaves", it quickly gathered a large number of users and became a dark horse in the SNS industry of China, and was seen by many investors.
Then, the largest SNS community in the country had thousands of oak's intention to purchase happy 001, but was rejected by its founder, Cheng Bing Hao.
In October 2008, 1000 oak bought kaixin.com domain name, and also named "happy net". Although the website was nicknamed "Shanzhai happy network" by the industry, but at the user level, because of the viral marketing method of 1000 oak, some users were confused about happy 001 and happy network.
Before the deadline, Cheng Binghao and Chen Yizhou mobile phones were all unanswered.
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