Alibaba Monopolized The "Double Eleven" Trademark And Is Facing The Risk Of Cancellation.

Or be enraged by Jingdong

This year, Jingdong, originally an active member of double eleven Online Shopping Festival, changed the word "double eleven" once full screen to "11. 11".

Not only Jingdong, including Suning, Gome, including the electronic business platform are facing a plagued - as early as a few months ago to prepare for the double eleven planning, was completely overturned by a notice.

From the planning department to the design department, "heart plug".

With the approaching of double 11, the circular letter issued by Ali is a great surprise.

According to the circular, Alibaba group has obtained the "double eleven" registered trademark in China. Authorized by Alibaba group, Tmall has the exclusive right to "double eleven" trademark and is protected by law. Any other person's use is trademark infringement.

In addition, Ali declares that it reserves the right to investigate a few business enterprises through judicial channels, and reserves the right to investigate the media involved in infringing or illegal media.

The announcement issued a response to many electronic business platforms, mostly from the perspective of market monopoly. However, in order to avoid trouble, everyone chose to avoid needles to make a detour.

"Double 11 battle" is a "heavy event", which plays a key role in the layout of the electricity supplier market share in 2014. Ali has launched a "commercial sign" to reduce the influence of the other 11 business advertisements, thereby suppressing the electricity supplier that threatens its market share, manipulating double 11 games, enjoying the "independent food" and sitting firmly in hegemony.

Yao Jianfang, assistant analyst at the Ministry of law and rights of China Electronic Commerce Research Center, told the new financial reporter.

It is understood that Ali applied for registration of the "double eleven" trademark as early as 2011. At the end of December 2012, Ali received the "double eleven" registered trademark. Not only that, but it applied and registered a series of trademarks such as "double eleven" and "double eleven Carnival" in thirty-fifth categories, 38 categories, 41 categories and other related categories.

But in the 2013 double 11, Ali chose to remain calm.

The reason why it has been postponed for one year to safeguard rights is also a mystery.

There is speculation that this may be related to the post marketing strategy, but the most direct reason is that it may be angered by the advertisement of Jingdong on the eve of double 11.

The industry once revealed that before that, Jingdong's double eleven ads were being sent to the television station for trial, and its slogan was "blind and clean"? At the same low price, buy one true, double eleven will go to Jingdong.

On the contrary, Ali said in a statement: in order to achieve the purpose of borrowing, the minority business enterprise even ignored the fact. In the advertisement, they used the propaganda terms such as "blind" and "fake" to try to link Alibaba group with fake and shoddy products, in an attempt to reduce consumers' trust and love for Taobao and Tmall.

The small business enterprise has infringed the intellectual property rights of Alibaba group, but has made rumours and slanders against Alibaba group's e-commerce platform under the pretext of intellectual property rights.

"This double 11, Ali uses" trademark infringement "this killer, gave Jingdong, Suning, Gome and other electricity providers strong blow.

It is reported that

Suning and other electricity providers have been urgently replacing billboards and posters.

In addition, the Jingdong double 11 media communication meeting, which was originally scheduled for 30, was also temporarily cancelled.

It can be seen that Ali's heavy hammer disrupted the rhythm of advertising marketing planned by peers.

Yao Jianfang said.

From 2009 to 2013, Tmall's double 11 scores were 50 million yuan, 960 million yuan, 3 billion 920 million yuan, 19 billion 200 million yuan and 35 billion 19 million yuan.

On the Jingdong side, according to the monitoring data of the China Electronic Commerce Research Center, it accumulated 10 billion days in the 12 days before and after the "double 11" in 2013.

Whether for Jingdong or against all the other electricity providers, Ali was surprised by the move, and many electric providers were also involved.

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The "double eleven" trademark has been registered on the thirty-fifth category, which mainly includes the display of goods, advertising and business information for the retail media for the purpose of retailing, and the Alibaba has obtained the exclusive right to use the trademark. Other e-commerce websites are faced with the risk of infringement by using the trademark, and there are similar risks in the media that publish e-commerce website advertising.

Zhao Zhanling, a legal consultant and intellectual property lawyer of the China Internet association credit rating center, told the new financial reporter.

Perhaps Ali himself knows that trademarks can be controlled, but it is unrealistic to block other electricity providers from participating in the double eleven online shopping festival.

The significance of the "double eleven" trademark is embodied in a festival related to the electricity supplier, but it can not be restricted to use only double eleven as the date.

Therefore, other e-commerce sites can find ways to avoid it, such as the use of "November 11th big promotion", "11.11 major promotions" and other expressions.

Zhao Zhanling said, and this is exactly what Jingdong has done.

In addition, from the perspective of laws and regulations, although Ali can apply for Chinese character "double eleven" as a trademark, it can not apply for "11.11" numbers, and public holidays are not allowed to register as enterprise trademarks, so "singles day" will not be registered.

According to Yao Xiaojuan, a special research fellow of the China Electronic Commerce Research Center and lawyer of Zhejiang Tian Bao law firm, analyzing the new financial reporter, Ali needs to pay attention to: first, the "double eleven" itself is a conjecture, and it has a significant character and can not be denied that it is a legitimate registered trademark. Secondly, the "double eleven" trademark can not prevent other people's fair use, such as the common name of goods and services. Since the launch of Ali, the "double eleven" has become the pronoun of shopping Carnival extending from the Internet to the net. This will lead to the generalization of "double eleven". Third, the "double eleven" trademark has already been registered, but it should also prevent the trademark from being used as a common name during its use.

Obviously, after 5 years of development, "double eleven" has become the online shopping Carnival recognized by the entire electricity supplier industry.

According to the trademark law, once the trademark is diluted to the general name, it can be revoked. Any unit or individual can apply to the business jury.

According to the "double eleven" trademark registered by Alibaba, the trademark revocation procedure is likely to be followed by other e-commerce websites or individuals.

Interestingly, when the new financial reporter inquires the website of the Trademark Office of China's State Administration for Industry and commerce, it is found that Jingdong has also applied for registration of "Jingdong double eleven" and "Jingdong double 11" trademarks, apparently for the sake of preparedness.

Once registered, Jingdong can still use its trademark in accordance with laws and regulations.