Ali And Jingdong'S Double Eleven Trademark War

Here world

The Xiaobian of the network tells you about the double eleven, the trademark war besides the commercial war.

Ali and Jingdong's double eleven trademark war have a series of trademark issues worth pondering behind. Laws are sometimes very important.

Trademark kill for deadly weapon

It was unintentional to see that Jingdong had to give up the news of double eleven promotions from Ali's letter of attorney, and found that, through several search entries such as the official website of the Trademark Office, Ali had not only applied for the thirty-fifth category in the name of Alibaba Group Holding Ltd in 2011, but also won the 10136470th "double eleven" trademark in December 2012, and applied and registered a series of defensive trademarks such as "double eleven" and "double eleven" Carnival in thirty-fifth categories, 38 categories, 41 categories and other related categories, and protected the double eleven through trademark registration.

It seems that Ali has a good eye to build an effective brand protection network before building double eleven, and in the battle against Jingdong, besides the commercial weapons, it has won the trademark war weapon.

There are many cases where trademarks are settled in business.

Shanda has discovered that another online game company launched the large-scale multiplayer online game "Shabak", named by Shabak, the most classic national war scenario of the legendary game. As a result of the early registration of Shabak trademark, it quickly forced the opponent to give up Shabak's name and modify the game design.

The case of ignoring the trademark and falling down is also widespread. Pepsi Cola launched the "Blue Storm" brand publicity in China because of the blue storm trademark collision which was first registered with a small company in Zhejiang. After the first and second trial, two rounds of intense litigation, the Pepsi Cola was found to be infringed and compensated by 3 million.

South Korea's Hyundai Motor has entered the Chinese market at the cost of tens of millions of exclusive agency rights because of its trademark in China.

Can double eleven trademark hit one hit?

Trademarks are registered and protected according to different commodities and services.

Among the most registered trademarks of Ali, the 10136470th category "double eleven" trademark is registered in the thirty-fifth category. The specified categories include displaying goods (3501), advertising (3501), business information (3502), business management assistance (3502) for retail purposes, providing business information and suggestions for consumers (consumer suggestion agencies (3502), organizing business or advertising trade fair (3502), promoting others (3503), computer database information classification (3506), accounting (3507), finding sponsorship (3506).

Although the trademark law community is controversial about whether the thirty-fifth types of services can fully cover commercial retail services, it is not enough to prevent Ali from advocating the trademark right to the Jingdong.

At the same time, although Jingdong's B2C business and Ali are not exactly the same in the thirty-fifth specified categories, there are not many substantive differences between the self operated electricity supplier and the third party platform from the user's point of view, and the protection of trademark rights can cover similar commodities.

In fact, it is easy to overlook the fact that even if Ali has not registered double eleven, the 1111 shopping storm that has been more than a few times in a few years is enough to make double eleven become a well-known service specific name.

In the judgment of the famous happy person, "Kaixin" in the dispute of unfair competition, the second intermediate people's Court of Beijing confirmed that kaixin001.com, a social networking site of happy people, was recognized by the Internet users and the industry. It has become a well-known service in a relatively short time. The name of the service is protected by the anti unfair competition law.

Referring to the case of Kaixin, double eleven can be protected by the law of unfair competition even if it is not registered.

Can double eleven be monopolized?

Then the question arises. Double eleven is both a registered trademark and a date. Can Ali monopolize the "double eleven" through registration? Trademark right is an absolute right, but the exercise of trademark right can not hinder the public interest of society.

The eleventh article of the trademark law prohibits the registration of trade names or trademarks as trademarks, in order to prevent the invasion of public resources by private rights.

But double eleven is not natural as a synonym for business or e-commerce, and Ali has made a significant difference between the two eleven through the promotion and extensive use, so double eleven has been registered in the law.

But when double eleven is used in the sense of date, "double eleven" is a language rather than a trademark.

The scope of trademark rights can not cross the public domain such as language and time, thereby affecting the public interest.

In fact, Ali's 1111 slogans, which are strongly publicized at eleven times each time, are similar to the 6419452nd trademark 1111 registered by one fund in the thirty-fifth category. The reason why Ali can continue to use 1111 in the case of "one fund trademark" is similar to that of the one fund.

Similarly, if Jingdong uses November 11th or similar dates, it will be difficult to say that it is difficult to say that infringement should be avoided by avoiding the eleven ways of obfuscation.

How to treat trademark dilution

Desalination is a very interesting topic.

Although a logo is not a generic name when registered, it may lose its saliency due to various reasons in the use of the logo, thus gradually changing from a commercial logo to a common noun / generic name. Once this happens, it is difficult for the trademark registrant to prohibit others from using the trademark and may face the trademark being declared invalid.

The most classic example of this is probably "Thermos" / hot water bottle, and Netac's "USB" trademark is declared null and void.

Double eleven though

The pioneering business activities, however, largely evolved into an unrestrained shopping Carnival and commercial holiday with the name of 1111 singles day and double eleven carnival. It became a strange custom that Chinese people loved to see but couldn't explain why.

Baidu's Encyclopedia "Taobao double eleven Carnival" entry is first searched at the beginning of the year, which is called "singles day" in November 11th. It is also a holiday of business hype. All shopping malls, supermarkets and online shopping providers have launched various snapping activities before and after the day.

This entry is consistent with our daily experience. Not only online stores and offline stores will perform crazy promotions in double eleven, but roadside vendors will always be happy with double eleven.

Ali actually sees and promotes double eleven into the new Internet folklore in twenty-first Century, but on the one hand it will give double eleven more connotation and attractiveness, on the other hand, it will increase the difficulty of trademark management and bring risks to trademark dilution.

How to play the trademark, Ali needs to be careful.