On April 11 morning, social focus \”has both happy nets unfair competition in Beijing case\” the higher people\’s court criminal trial. It is reported, this is the first time Beijing high court in the form of video webcast public case, eventually, trial court rejected Beijing happy person information technology Co., LTD. (hereinafter referred to as happy person company) appeal, to maintain the ruling.

Happy people company is a famous website happy nets (kaixin001. Com) operator. Beijing has sponsored Internet technology development Co., LTD. (hereinafter referred to as company) and Beijing has sponsored Internet sponsored netscape technology development Co., LTD. (hereinafter referred to as company) also sponsored netscape started a happy nets (kaixin.

Com). Happy people, company considered kaixin. Com infringe upon its exclusive use of a registered trademark \”happy\”, and has a counterfeit features, constituting unfair competition act, and sponsored Internet ErZhongYuan delegatee sponsored netscape, requirements of Beijing two defendants stop using \”happy nets\” and \”happy nets\” approximate name as website names; Stop using kaixin. Com domain; The joint compensation economic loss 1000 yuan; Common in sina, \”jinghua times\”, \”the Beijing evening news\”, \”light daily public apology.

Beijing ErZhongYuan verdict and sponsored Internet companies and sponsored netscape in providing social networking service shall not use \”happy nets\” the name of the same or similar; Two defendants joint compensatory happy person company 40 million yuan; the economic loss The other company dismissed happy litigation claims.

Happy people court believes that fact wrong and compensation is too low, appeals to cancel the original decision after two, also sponsored Internet companies and judgment sponsored netscape stop using kaixin. Com domain name and a public apology and compensate for the economic loss is 10 million yuan.

Beijing high court trial that the Internet companies and sponsored sponsored \”happy nets used netscape kaixin.\” sign, domain name, in the com establish social networking help Internet users of Internet application service for others, rather than \”creation and maintenance of website, custody computer stand (web)\”, in service purpose, content, methods, object with happy people company aspects of differences, not make relevant public confusion, mistaking. So the court interconnected company and about sponsored sponsored netscape use \”happy nets\” signs, \”kaixin. Com\” domain name of social networking services provided by the registered trademark \”happy\” with the service category not ratify the same, not all similar qualification and when. According to the supreme people\’s court on the trial involving civil disputes domain name of computer network applicable law the explanation of some issues \”the 4th regulation, registered domains is recognized for infringement or unfair competition, is the premise of the domain name later than the plaintiff accused the domain name. In this case, happy people kaixin001.

Com domain of the registered late kaixin. Com, therefore in sponsored Internet companies and sponsored netscape transfer and use kaixin. Com domain behavior doesn\’t fit tort or unfair competition conditions.

Moreover, in court has ordered sponsored Internet companies and sponsored netscape in providing social networking service shall not use \”happy nets\” the name of the same or similar circumstances, kaixin. Com domain name with \”happy nets\” association has been disconnected, enough to eliminate the Internet users to two involved \”happy nets\” generated confusion, mistaking the consequences. Happy people company accordingly proposed appeal reason, lack of facts and legal basis, court will not support.

In addition, the company to put forward about happy people kaixin. Com operation \”gangs\” network game cause its goodwill damage because of the appeal reason, related behavior has been authoritative department to make processing, and Internet companies and sponsored sponsored a public apology already on netscape communications, it allows the user to this behavior network judge the implementing subject, so about this behavior court was not directly to happy people goodwill damage that right.

The amount of compensation for about the case, the court said that, although the happy man company put forward specific calculation formula, but existing evidence cannot prove kaixin. Com are all the registered users kaixin001. Com loss, and the number of users who will not happy the cost investment, it included the calculation formulas for calculating formula of the existing uncertainties and imponderable. So happy people submit evidence to prove its the actual losses, which is also hard proof sponsored Internet companies and sponsored netscape infringement of court profit, the amount of compensation for discretionary it is reasonable, shall be maintained.

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