The Internet + Financial industry has been concerned about the new business rights case, due to the other suspected unfair competition, 's Sina, Yi Ju (China) and new home finance together to court, the plaintiff asked Sina and so on immediately stop using "'s" three words as the defendant abbreviation tort, at the same time public clarification and apology, and compensation " Dollar. " The case was officially accepted by the People's Court of Shanghai Pudong New area on March 4, 2015.
It is reported that Shenzhen's Financial Services Co., Ltd. and its subsidiaries Shanghai's Financial Information Services Limited (hereinafter collectively referred to as "'s") were established in November 2013 and June 2014, are specialized in real estate financial information services of the Internet financial enterprises. 's began to develop the "'s" as the name of the financial services platform, and carry out day-to-day operational activities.
July 18, 2014, Sina and other three defendants launched the same name "'s" site, the main business with real estate financial services.
Reporter check the relevant data of this case found that's in the Domain name registration, Web site filing, system development and on-line, etc. are earlier than the defendant. The plaintiff Fang domain name (www.fangjinsuo.com) is registered on January 14, 2014, while the defendant's domain name (www.fangjs.com) Registration time is February 24, 2014; the plaintiff "'s" The name of the website in March 2014 in the Ministry of the record registration, and the defendant's namesake site of the record time is in June 2014 The plaintiff Fang website version 0.9 platform was developed on December 26, 2013, and the main body of the defendant's website was not set up at this time, the plaintiff Fang website 1.0 platform officially on the line for a long time, the defendant side "Sina (NASDAQ Listing Code: SINA), easy to reside in China ( NYSE listing Code: EJ), Sequoia Capital together to create "the same name of the first Internet real estate financial platform in China" still "stay tuned"!
's related responsible person said, 's at the beginning of the establishment that has invested a lot of human, material and various resources for publicity and promotion, oneself already in the real estate financial service domain has the very high popularity and the approval degree. "And the defendant to the public to" 's "refers to the accused, is to usurp our division for ' 's ' three word goodwill behavior. If we do not counterattack, let its behavior, the future ' 's ' the three words of the carrying commercial interests and value, will have no relationship with the Division I, our long-term commitment to this will be in vain. said the person in charge.
A well-known lawyer in the Intellectual property field in Shanghai said to reporters that the name of the business and its main identification mark should be protected by law. In this case, 's is the first registered "fangjinsuo.com" domain name and the launch of the website, as well as prior to the completion of the development and on-line financial platform, to the company name "'s" named Legally. The defendant's claim to be "'s", using the name of's as its website and platform, has seriously violated the plaintiff's right of enterprise name, which caused the public to be mistaken and confused. (Mei)