"Where to go" prosecution claims 3 million final trial "where to" compensation 250,000

Absrtact: The site name is very similar, even the domain name is very similar, where Beijing to sit not live, run to Guangdong to defend rights, Sue Guangzhou to where the net unfair competition. 23rd, intellectual Property rights judicial protection in Guangdong, Guangdong province, the High Court disclosed the case

Website name "Long" very similar, even the domain name is very similar, Beijing's "Where to go to the net" sit still, ran to Guangdong to defend rights, to sue Guangzhou "to which net" unfair competition. 23rd, "Intellectual property judicial protection in Guangdong" activities, the Guangdong Provincial High Court disclosed the final result of the case: Guangzhou's "to which net" to compensate for Beijing's "where net" 250,000 yuan.

"Where to" sue claim 3 million

May 2005, Zhuang a super registered "qunar.com" domain name and created the "Go where" network. Beijing Fun Take Information Technology Co., Ltd. (hereinafter referred to as Beijing fun to take the company) in March 2006 after the establishment of industrial and commercial registration, "qunar.com" domain name by the company's legal representative Zhuang a certain super transfer to the company. After years of use, "where to Go", "where to go to the net", "qunar.com" and other services identified as the unique name of well-known services.

Guangzhou to what Information Technology Co., Ltd. (hereinafter referred to as Guangzhou to which company) formerly known as Guangzhou Longyou Xian Tracing Travel Service Co., Ltd., founded in December 2003, the scope of business and Beijing Fun with the company similar. June 2003, "quna.com" Domain name registration. After a number of transfers, Yuan-eun (Guangzhou to which company legal representative) in May 2009 by the transferee to obtain the domain name. May 2009, Guangzhou to which company approved the change to the present name, "quna.com" domain name is transferred to the company. The company then registered "123quna.com", "mquna.com" domain name, and the use of "where to go", "where", "to which net", "quna.com" the name of foreign propaganda and operation.

April 2011, Beijing Fun Take the company to Guangzhou to which companies to use "where", "where", "where to go to the net", "quna.com" constituted improper competition, to the Guangzhou Institute of Prosecution, the decree to stop unfair competition behavior and compensation for economic losses of 3 million yuan.

Final trial "where to" compensation 250,000

Guangzhou Chinese Academy, Guangzhou to which companies to use "to where", "where to Go", "where to go to the net", "quna.com" commercial marking of the behavior of Beijing fun to take the company's well-known service-specific name of the infringement, canton to which companies in its enterprise size in the use of the word "go" constitutes unfair competition, using " Quna.com "," 123quna.com "," mquna.com "the domain name of the behavior of Beijing fun take the company domain name rights infringement. According to which company to stop the use of "where to" as its enterprise font size, stop using "Where to go", "where to Go", "where to Go", "quna.com" as its service tag, stop using "quna.com", "123quna.com", "mquna.com" domain name, And a period of time to transfer the above-mentioned domain name to Beijing fun take company. At the same time, Guangzhou to which company compensation Beijing Fun take the company's economic loss of 350,000 yuan.

Guangzhou to which company to disobey the verdict, appealed to the High Court of Guangdong Province, the second instance upheld the judgment of the first instance about Guangzhou to which company to stop using the "go to" enterprise size and the use of "where to" and other signs of identification, revoked the "canton to which companies to stop using ' quna.com ', ' 123quna.com ', ' Mquna.com ' domain name, and a period of time to transfer the domain name to Beijing fun to take the company's award, and the amount of compensation adjusted to 250,000 yuan.