"For the trademark rights protection" press conference

Source: Internet
Author: User
Keywords Apple Easy decorated Jia Trademark Law Wal-Mart
Tags app apple application application development applications applied based company

Shanghai Yi Shikha Network Technology Co., Ltd. (referred to as "Easy Shikha") is held "for the trademark rights for the network," press conference, to be sued US Apple.

For the network is easy to decorated Jia's brand, is an e-commerce site similar to the No. 1 store, the original plan on June 21 in the AppStore on the line of the same name mobile applications, but Apple has AppStore the same paragraph has been applied turn down.

Ma Yongjian, a lawyer with Shanghai-based joint law firm and Yi Jiajia, said that it has submitted relevant materials to the court and sued Apple and the mobile application development company for a total of 100 million yuan for trademark infringement and unfair competition.

On May 30 this year, Yi Jiajia submitted the app to Apple for the third time on the AppStore application for mobile applications but was told that App version already exists, ID is 739688712 and name is 'for web' , Was denied again. On June 23, Ezekiel submitted the objection to Apple through internet and written form, arguing that "for the Web" infringes the trademark rights of Ezekiel and requires Apple to delete and remove the application and eventually fail to obtain the license of Apple Inc. Respond.

Ma Yongjian that Apple easily allow infringement of trademark applications App mobile app into the AppStore for trademark infringers to provide a venue and help, and in the decoration and repeatedly declared and safeguarding rights, Apple refused to correct its Therefore, according to Article 57 of the Trademark Law, "deliberately providing facilities for infringing on the exclusive rights of a trademark of another person and helping others to commit an infringement upon the exclusive rights of a trademark" constitute a joint infringement of trademark rights.

With the development of Internet and mobile Internet, the issue of intellectual property is getting more and more serious. However, the fast break was fined 260 million yuan and today's headlines are more concerned about the investigation and other investigations are copyright and copyright disputes, and similar "for the network" so registered through the App, registered accounts, etc. constitute a trademark infringement? As a third-party platform is jointly and severally liable? Still need to be further clarified.

"Li ghost" frequently used

Reporter login AppStore search "for the net" was informed that the application developers for "peipei meng", updated on December 18, 2013, is a practical information platform. But after the download, the transaction can not be realized.

Ma Yongjian through the investigation found that the owner of the application is a Shanghai-based company known as Shanghai Warwo Information Technology Co., Ltd. (hereinafter referred to as "Wal-Mart"), the company also AppStore online such as Shiseido, wine network, holiday network brands App. Ma Yongjian believes that Wal-Mart has constituted such acts of trademark infringement and unfair competition.

As a result, Yi Zijia intends to prosecute two defendants, Apple and Wal-Mart, to demand that Apple immediately stop infringing the plaintiff's rights as a trademark of the Internet and remove and remove the App Store's App for mobile applications at the AppStore. Immediately stop the infringement of the plaintiff's trademark rights and unfair competition for the network, withdraw and destroy the "for the Web" App mobile application that has been developed and released in the AppStore operated by Apple Inc. In addition, The defendant claimed a total of 100 million yuan.

According to the provisions of the Trademark Law, without the permission of the trademark registrant, the use of a trademark similar to its registered trademark on the same kind of product or the use of a trademark identical or similar to a registered trademark on a similar product may lead to confusion which is a violation of the registered trademark One of the rights.

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