The judge talks about the true and false happy Net case: the website name is stronger than the domain identifier

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Presiding Judge Zhou Xiaobing

Sina Science and technology October 115.html ">26 News, happy to sue thousand oak unfair competition case today in Beijing, the second Intermediate People's Court trial, Thousand Oak was sentenced to unfair competition, not to use the same or approximate name. The trial judge Zhou Xiaobing in the media interview, said that the site name than the domain identifier more powerful.

Media Source: Sina Science and Technology Sina Technology: How do you think the object of this case protection? What is the relationship between domain name and site names?

Judge: When we talk about happy net, the first time it is well-known, we will naturally point to a network of such a well-known social networking services, the relationship between its establishment, the interests of the generation. So, the protection is this kind of thing.

We do not recognize the domain name, in fact, the domain name does not recognize and our site is a certain link, you can look back to the verdict. From the current network environment, we think that the site name is more important than domain names is the network users to identify a Web site services, that is, for the network users, he chose what kind of network services, such a site name identity is more than the identity of domain names more.

So, after we have a cognitive name service, found that happy network for well-known services after the unique name in this case that kaixin001.com and kaixin.com although there is a certain correlation, but simply based on such a correlation, in the presence of a certain difference in the case, the Internet users will not be the two domain name provided by the services generated confusion. So, this piece is not identified.

Sina Science and technology: does it mean that after the verdict is made kaixin.com can not use the name of happy net again?

Judge: Now from the result of this verdict, it continues to operate SNS this social network service is no problem, continue to use kaixin.com this domain name is no problem, but it can not be called happy net or again called Happy happy similar website name.　　This is mainly the result of such a verdict. Sina Technology: Do you think this case will the Internet industry what kind of enlightenment?

Judge: On the one hand to the industry a reminder that is also a standard and guidance, for SNS such a relatively or relatively emerging network services industry, this specification and guidance of the role may be more than the general case will be stronger, this specific role I am not very good evaluation, the industry may have an evaluation. (Tracy)

True Happy net case sentence: Thousand Oak did not infringe happy net registered trademark