Fu Anna: Why Did It Take Nearly A Year To Prosecute?
After many private communications failed to achieve significant results,
Home textiles
Fuan Anna, a listed company, filed a petition to the Beijing Haidian District people's court.
Fuanna asked the first defendant Luo Lai home textiles, the second defendant Shanghai Luo Lai Home Textile Co., Ltd., the third defendant Gu Xiang Beijing Touchplus information Corp immediately stopped the infringement and wrongdoing, and compensated the 500 thousand loss of fuanna's economic loss.
Wu Bing, Deputy Secretary General of Shenzhen Textile Industry Association, said in an interview that Luo Lai borrowed other brand names to himself.
Electronic Commerce
Website promotion, through unfair links to other enterprises harm, on the one hand is the economic aspect, snatched away fuanna customers, resulting in incalculable economic losses; the two is the brand aspect, so that consumers are mistaken, mistaken purchase, injure Fu Anna trademark rights and interests.
It is hoped that all enterprises will follow the proper competition order and make the home textile industry move towards a harmonious and orderly way.
according to
Fuanna
The information provided indicates that the latest infringement occurred at the end of last year.
So why did fuanna choose to sue at this time? And the claim amount of 500 thousand yuan is smaller for two companies that have just been listed for a long time to raise large sums of money.
Why did it take nearly a year to prosecute?
The infringing act of Luo's home textiles prosecuted by fuanna took place in the fourth quarter of 2009, while fuanna was listed in December 30, 2009.
Mei Lianqing, vice president of Fu Anna, told the Securities Daily that he had violated the trademark law and the Anti Unfair Competition Act. However, because the infringement occurred in the key period of the listing of fuanna, it did not choose to prosecute.
At present, fuanna has dealt with many issues before and after the listing.
As for why the judicial process is chosen, Mei Lianqing said that he had repeatedly mediated mediation through the China Textile Association, but the two sides had never reached an agreement.
For the determination of the 500 thousand claim amount, Zhao Lei, the lawyer of fuanna and Beijing Ji Jia law firm, said that because the defendant Roley's home textiles had no way to verify the proceeds from the infringement, the 500 thousand yuan was the highest amount of compensation for such trademark infringement and unfair competition.
Hu Zhenchao, fuanna's director, said that this incident was not only a fuanna company, but it was a symbolic significance to make such a compensation amount more.
Why are third defendants only Google?
Zhao Lei, the plaintiff's attorney and Beijing Ji Jia law firm, said: "as a search service provider, Google is obliged to examine whether keyword search infringes the interests of the other third parties.
If it is intended to provide assistance in tort, it actually constitutes a joint tort liability.
Therefore, we believe that Google also has an inescapable responsibility in the case.
As we all know, in the field of search engine, whether it is market share or brand influence, Google is after Baidu.
Then, the third defendant was only a Google family without Baidu.
Is it that Luo Lai home textile has forgotten to put it in Baidu? For this doubt, Mei Lian Qing said that the infringement act of Luo Lai home textile was not only carried out on Google, but also on Baidu.
But "Baidu pulled away faster", fuanna had no time to preserve evidence.
A person familiar with the matter said that compared to Baidu, Google China has been arrested for "current". It also reflects in one aspect that the continuous retreat of China has seriously affected Google's low efficiency in China.
Although for Google, even more serious officials are already accustomed to it, the accumulation of minor lawsuits will also erode the brand of enterprises.
What about the odds of prosecuting Google? Zhao Lei said that Jia Jia had been in the same position as Google in search rankings. Finally, Jia Jia law office won the lawsuit. "This is also one of the important reasons why Fu An chose this case."
Why is the court prosecuted in Haidian District, Beijing?
Plaintiff Fu Anna's company registered in Shenzhen, Guangdong, the defendant Luo Lai home textile company registered in Nantong, Jiangsu, why did the plaintiff choose to prosecute in Beijing Haidian District court? For this reason, plaintiff attorney Zhao Lei said, one is the third defendant Google's Chinese operator - Beijing Valley Xiang information technology company registered in Beijing.
According to the relevant jurisdictional principles, the defendant's place is one of the jurisdiction of the infringement, so it can be prosecuted in Beijing.
Two, the Haidian District people's court is a very famous intellectual property court in China. Putting such an important case and such a landmark case in the Haidian District people's court is hoped to get more accurate and better results.
What is the attitude of the first largest shareholder?
However, Mei Lianqing, vice president of Fu Anna, also said that although he was in Shenzhen, he knew that the Haidian District people's court in Zhongguancun had to deal with too many lawsuits.
At present, there are 3 home textile companies listed in Shanghai and Shenzhen stock markets, namely, the September 10, 2009 Lai Lai home textiles listed in September 10, 2009, the fuanna listed in December 30, 2009 and the dream home textiles in April 29, 2010.
It can be seen from the 3 reports of the companies that the first largest tradable shareholders of the three companies are the same fund - time value growth securities investment fund, and all the shares of the three companies that they hold are newly built positions in the second quarter of this year.
At present, the price of the three companies has been consolidated after reaching a new high.
So what is the attitude of the fund when he accused the company of the three largest tradable shareholders of the company?
In this regard, Fu An Na Dong mi Hu Zhenchao in the "Securities Daily" exclusive interview revealed that, in private contact, fund managers once expressed disdain for Roley's home textiles behavior, but the official did not declare.
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