Ali Sits Unsteadily 60 Billion? Wants To Dominate "Double Eleven".
The "double eleven" strong wind will arrive. Recently, Ali said that it had already obtained the "double eleven" registered trademark, and authorized Tmall to use the trademark exclusively. No other company organization should use it.
At the same time, Jingdong is listed as the "number one" infringement object.
Yesterday, hastily challenged Jingdong replied that Ali's behavior was contrary to the spirit of Internet openness.
Two strong matches, rubbing the car is not easy.
An early arrival of the war, but also a network of businessmen who are waiting for battle, began to whim about where to go this year's marketing.
Ali wield sword
Alibaba sends a letter to "double eleven"
Recently, a letter of announcement by Alibaba made many partners who wish to have a carnival quiet in a moment.
Ali has registered "double eleven" trademark.
"Users will be punished by law."
At one time, discussing countermeasures and modifying advertisements became the common things of many electric providers.
A letter from the light would not be so great.
The reason for the screaming everywhere is mainly in Ali's propaganda, and at the same time, he started to point out Jingdong.
"Alibaba in the announcement letter mentioned a few electricity providers, the first one is the Jingdong."
A person familiar with the matter told our reporter that at the same time the announcement was issued, many media had received news of their request to ban Jingdong advertising.
And what Ali gave
Reason
The Jingdong and other electricity suppliers are violating Tmall's trademark "double eleven".
"This matter has great impact on Jingdong, and the announcement letter has not been issued for a long time. Jingdong has temporarily canceled the eleven media communication between Jingdong."
A media source who has long worked with ALI and Jingdong said.
Carnival changed into one, Ali violated the spirit of openness.
After being recessive, the Jingdong released an open letter yesterday. It said that 11. 11 has become a holiday for the whole retail industry, and also a carnival for consumers online shopping.
The business enterprise has always advocated openness and ecology, but is trying to take this holiday as a "lawful" way. It even violates the spirit of the Internet and violates the principle of fair competition.
This act of borrowing the name of the law and monopolizing the real nature restricts the consumers' right to know, choice and participation, which is harmful to the interests of consumers.
Among them, the "enterprise" is widely regarded as "Alibaba".
An e-commerce industry analyst said that the success of the "double eleven" can be seen as a result of the joint efforts of the retail business. Alibaba only takes the "double eleven" credit with its registered trademark, which is somewhat biased.
Journalist survey
A "double eleven" can really be.
MONOPOLY
Do you?
Of course, no matter how justified the legal basis of Ali is, no matter how reasonable the Jingdong statement is.
Now the turmoil is far beyond the two parties involved.
Suning changed the theme of Shopping Festival to "genuine super province, breaking half off", no longer mentioning "double eleven". Nowadays, some small and medium-sized electricity providers are also beginning to get wind of it. They have adjusted their propaganda strategy, planning and designing overtime.
According to the reporter's enquiry, Alibaba Group Holding Ltd has registered "double 11", "double 11 Carnival", "double eleven", "double eleven Carnival", "double eleven online shopping Carnival", "double 12" and other related trademarks.
There are thirty-fifth categories of trademarks.
"Double eleven", "double 12", "double eleven online shopping Carnival" and so on.
This means that in the "advertising" field covered by the 35 category of trademarks, without the permission of Alibaba, other enterprises will not have the right to use "double eleven" and similar "double 11" words for publicity.
Lawyer's statement
Without Ali's permission, other
business
It can not be used.
Jingdong response
Without the permission of Alibaba, other enterprises can not use the "double eleven" theory, which has also been recognized by the legal profession. Sun Guoqiang, a lawyer in Henan Huafeng law firm, told reporters that the trademark was registered and protected according to the different goods and services. In view of the incident, the thirty-fifth category 10136470th "double eleven" trademark registered by Ali was included in the formulation category, including the display of goods, advertising, business information, business management assistance and other contents in the communication media with retail purposes.
That is to say, Ali has the right to claim the right of trademark registration to Jingdong.
"And double eleven seems to have become a well-known name of service. Under such circumstances, it should be protected by unfair competition law."
"Double eleven" is not a tort if it is only a concept of time.
Can it be said that Ali has exclusive rights to "double eleven"? A lawyer from Yilong law firm in Zhengzhou thinks that this needs to be treated in different ways.
"The eleventh provision of the trademark law prohibits the registration of trade names or trademarks as trademarks. The purpose is to prevent public resources from being encroached on by private rights."
He told reporters that although Ali has a legal basis for registration, it does not mean that the use of "double eleven" is a tort.
He gave an example of an egg sale. In November 11th, we should deal with inventory clearance.
For this businessman, this "double eleven" may be just a concept of time, so it can not be considered to infringe on the trademark right of Ali.
Journalist survey
B has been registered since then. Why is it now being smashed?
In fact, as early as 2012, Alibaba had already registered trademarks such as "double eleven".
Ali, who has never had a moth on the "double eleven", has never been allowed to "embezzle" his trademark for so long. Now in the interview with reporters, most people believe that the main reason lies in the gradual increase of the competition pressure of Ali.
"Ali used to outshine others, but the cheap electricity supplier in Taobao mode is very popular. But although the mature mode of e-commerce, including Jingdong, Gome, Suning and other B2C websites, has attracted many high-end users on Taobao and Tmall."
The head of an investment company said.
In the context of the gradual penetration of new business providers and the continuous touch of traditional department stores, Alibaba's weakness has begun to emerge.
"As an electronic business platform, Tmall and Jingdong have always used their advantages," he said.
Tmall has too many enemies, and there has always been a shortage in distribution, and distribution is an important part.
In addition to Jingdong, Tmall pushed home appliances and pushed Gome and Suning to the opposite side.
Now user shopping pays more and more attention to experience and service, after all, physical stores have inherent advantages in experience.
Distribution, installation and other after-sale services are also an important reason for people to buy electrical appliances online.
No matter what the outcome of this trademark dispute is, Mr. Sun, a consulting analyst, has given a lesson to the rapidly developing electricity suppliers.
"In recent years, this kind of Internet market infringement incidents continue to occur, and also to the current practitioners to bring a wake up.
Intellectual property rights must be valued and respected, so as to avoid unnecessary disputes and long-term development of enterprises.
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