True Happy Happy court domain name registration has successively

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October 28 News, according to the Chinese voice of the "Yang News" 15:38 report, "Really happy" or "fake Happy", two "net" today in court, "Rob Parking", Beijing Happy People Information Technology Co., Ltd. sued Beijing Thousand Oak Interconnection Technology Development Co., Ltd. this morning in the Beijing Second Intermediate People's Court trial, In the end who is the domain name registration first? Is it possible to coexist? Relevant situation connect reporter Sun Ying.

Moderator: Two happy net who first opened? Domain name registration who first?

Reporter: This question is still more complicated. On the one hand, it turns out that the plaintiff happy company enabled KAIXIN001 domain name earlier than the defendant Thousand Oak Interconnection company. The plaintiff's indictment said that in March 2008, the plaintiff Happy person company founded a website namely "Happy Net", the network domain name main part is "joyful" Hanyu Pinyin. The plaintiff also owns the trademark exclusive right of "happy" trademark approved by the Trademark Office of the State Administration of industry and commerce, and "Kaixin" is the legal use of the plaintiff's right of trademark.

October 2008, the plaintiff found that the defendant also opened the same name of "Happy Net", the website's website name, service function, service object, service content and plaintiff website are identical, make the netizen difficult to distinguish true and false, cause the plaintiff registered user to rise the trend to reduce obviously, a large number of latent user loses, the plaintiff legitimate benefit suffers huge loss, Its behavior constitutes an unfair competition, so sue to the court, request the defendant to stop using "happy Net" as the site name, compensation for the plaintiff economic loss of 10 million yuan, openly to the plaintiff apology, and bear the full costs of the lawsuit.

Host: I am surrounded by a lot of "happy net" friends are said to be on the kaixin001, and the Thousand Oak "kaixin" has been considered a cottage version, then is not the happiest person registered domain name before the thousand oak?

Journalist: not like that. Because the "kaixin" domain name in 2000 was registered, when the net opened, the registrant to sell to happy people company, but finally did not reach an agreement. And in October 2008, Thousand Oak bought this domain name. In court, the judge also asked questions. The plaintiff was registered in 2007 and opened in March 2008. The defendant was allowed to obtain the domain name in October 2008, and the cost is not clear, the official use of the domain name is the time of the assignee.

Moderator: Can these two trademarks be parallel?

Reporter: Legally speaking, can not exist at the same time, because the purpose of registered trademarks is to exclusive operation. The plaintiff stressed that the defendant's registration and use of kaixin.com domain name violated the plaintiff's trademark rights, well-known service-specific name and well-known domain name rights. The defendant also countered that the plaintiff had given up the chance of being let.

Internet intellectual Property Lawyer Hu Gang pointed out: "The site name or domain name has a slight difference, causing confusion will constitute unfair competition, page design layout similar will constitute copyright infringement behavior." ”

Lawyers Yake Feng suggested that, in order to avoid such a situation like happy net, Yake Feng suggested that each emerging Web site in the name of the time possible to start the special names. He cited, for example, "Happy net" in two keywords are common names, it is unlikely that the trademark registration, if the use of proprietary name is much easier, the future can also be protected by the relevant trademark law, legal proceedings are much simpler, and "Shanzhai website" to pay the legal costs will be much higher than the present.