Happy Net (kaixin001.com) v. Thousand rubber tort case recently made new progress, the Beijing Second Intermediate People's Court this morning dismissed the jurisdiction of the thousand-oak Netscape objections, which means that the case will still be the second Chinese court of Beijing trial. According to sources, the reopening will not be later than mid-May.
It is reported that last May, Kaixin (kaixin001.com) founder of Beijing Happy People Information Technology Co., Ltd. formally to the Second Intermediate Court of Beijing filed a lawsuit, sued Peking Thousand Oak Interconnection Technology Development Co., Ltd. to risk the use of net name and other acts of unfair competition.
At the end of January this year, Beijing happy People's Information Technology Co., Ltd. will be another thousand oak Rubber Company in the thousands of rubber Netscape added as a defendant, the case again upgraded. Before the Spring Festival, the company is located in Shijingshan District, Beijing city, to the second Beijing Municipal court to send the application of the jurisdictional objection request to the case transferred to the Beijing First Intermediate People's Court jurisdiction.
After the Chinese New Year holiday, Beijing Second Chinese Academy received the application, within a week quickly made a ruling, that the case has jurisdiction, issued a notice today, dismissed the Thousand Oak Netscape's objections.
Earlier, last year, another thousand oak Rubber Company became the first defendant in the case of "true and false Happy Net", and also to the Beijing Second Chinese Court of Appeal, which lasted nearly one months after the dismissal. Subsequently, the Millennium Rubber Interconnection to the Beijing High Court appealed, one months later rejected. Until the case is formally held, it is 5 months before the prosecution.
According to the law, the court's ruling on jurisdictional objections is no longer than one months, and the use of jurisdictional objections to extend the duration of the trial is one of the common methods used by the defendants in such cases. However, in the same case, as provided by law, the court has jurisdiction over the other defendants as long as it has jurisdiction over a defendant. Since the Beijing second Chinese court and the Beijing High Court have already clarified the jurisdiction of the case, so the appeal of the jurisdiction of thousands of Netscape is dismissed also be taken for granted, but in a week or so to make a quick ruling somewhat unexpected.
However, as the second defendant in the case, it is still possible to appeal to the Beijing High Court of jurisdiction over how long it will take to make a ruling. In the absence of variables, the case should be reopened by mid-May, when the Chi Rubber Company will appear at the same time.
Last October, when the "true Happy Net" case was formally held, defendant thousand oak interconnection, "Thousand Oak Net" (kaixin.com) and Renren (renren.com), such as thousands of Oak's website ownership has been transferred to the name of thousands of rubber Netscape in May, Thousand oak interconnection should not be the subject of this case.
It is reported that the Millennium Rubber Interconnection was established in 2003, has been a network of renren, tracing nets, donews and other important sites of the actual owners. Thousand Oak Netscape was founded in 2005, the former is a wholly-owned subsidiary of the Rubber interconnection, last May, the thousands of Oak series of Web site ownership transferred to the company name.
Last October, "True and False net" a case before the trial, thousands of rubber Netscape out of the oak interconnection, was transferred to another oak company thousand Oak Tiancheng, become the latter's wholly owned subsidiary.
Happy NET Deputy lawyer Li Yunde has pointed out, Thousand oak has been using various means to delay the "true happy Happy" case of trial, waste of judicial resources. However, the net is still at the end of January this year to add thousands of oak Netscape accused of this case. In order to prevent kaixin.com again be resell, happy person Company also request the Court to take measures, then, the Beijing Second Chinese Academy of the clear request thousand oak Netscape must not transfer the kaixin.com.
So far, the oak has not made a public comment on the matter.