2014年4月21日星期一

Fast search oriented third party was sentenced to compensate the plaintiff loss in Tort

Cheap Oilers Jerseys Guangdong Province High Court yesterday announced the "2013 annual Guangdong Intellectual Property Trial ten cases", which China "Huawei" and "IDC" America dispute, Qihoo company and Tencent Inc 3Q war, Haitian company sues Weiji company encroaches upon the trademark case, "floor" trademark dispute case, fast software infringement case etc. in ten cases. The following is part of the case specific circumstances. (reporter Huang Qiong He Juan correspondent Shi Jinghan)

1

fast broadcast infringement search oriented third party still constitute infringement of

fast unicast player in the search box input key words "I am willing to I do", the content oriented third party users need to search web site to search related content, and links to video website, click the play "I am willing to" this film. The piece side China film Limited by Share Ltd film marketing company that the information Cheap Nordiques Jerseys network transmission right above our software function has infringed upon their work, bring a lawsuit to the court and.

court think, our company that search engine integrated search, although not directly links to infringing works, but its content oriented third party users need to search site, but the search site not only searches for the object are limited to a specific file types, but also the search scope limited to specific sites, so it can be identified and search website jointly implemented search, links to infringing works. It should be aware that any other acts constitute infringement, but still give substantial help, assume responsibility for infringement damages should therefore be the result of. In sum, the court to order the defendant to stop infringement and compensate for the losses.

2

purchasing "maxim" case is easy to make the public misunderstanding involving false propaganda

beauty cake net site Cheap Red Wings Jerseys listed special brand contains "maxim cake", "Hongkong maxim", also stating the sales process for consumers to place an order on the Internet, network platform to accept orders for consumer brand shop near the relevant orders, delivery, then the cake distribution to consumers. In this regard, Cheap Penguins Jerseys the Maxim's Caterers Limited sued claims two defendants constitute trademark infringement and unfair competition, false propaganda.

court think, the website marketing essence is purchasing, product name, does not change in the normal sense of the trademark logo product source information, the company claims that the information for producing and selling infringed the Cheap Canucks Jerseys plaintiff "maxim" registered trademark products constitute trademark infringement lack of evidence to support. But at the same time, both sides have close relationship in the competition, there is no direct sales agents or other cooperation relations, the defendant in the above website for publicity and will "Maxim's cakes", "Hongkong maxim" as its "special brand", false content, easily make the public misunderstanding, his behavior constituted false propaganda, and to order the defendant to delete the site "maxim", issued notices to eliminate the influence, and joint compensation the plaintiff economic losses include the reasonable expenses totaling RMB 30000 yuan. Court of appeal upheld the decision.

3

floor brand to buy equity not >

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