Events: "True and false happy network" final hammer happy person company awarded 400,000
| Event Details:
Beijing BEIJING, April 14 (Xinhua correspondents should be Ni) 14 reporter who's learned from Beijing happy, "true and false happy network" case on April 11 in Beijing Municipal Higher People's Court of Final Appeal, the second trial, court ruling maintain the first instance verdict, found defendant Thousand Oaks and Thousand Oaks Netscape Internet established the fact of infringement, ordered to stop using "Happy net" names up social networking sites, and compensation for "genuine" Happy net economic loss of $ 400,000.
2008, Beijing has developed a new type of happy people happy social network sites (kaixin001.com), six months after the happy network has exceeded 500 million registered users, more than 100 million page views per day times, a well-known social networking sites. In October, a happy network with exactly the same Chinese name, and service functions, site layout, page _set_up and even the name is almost exactly the same site appears. After investigation, the site is operating the school network, another social networking site (that is now all network) Beijing Thousand Oaks Internet has introduced.
In May 2009, network operators happy people happy Information Technology Co., Ltd. Beijing to unfair competition grounds of Beijing Thousand Oaks Internet Technology Development Co., Ltd. to court, asking them to stop using "Happy net" domain name, disable kaixin . com domain names, 10 million yuan compensation for economic loss, public apology, and bear the cost of litigation. The case was referred to as Chinese Internet sector, "the first case of unfair competition."
October 2010, the Beijing Second Intermediate People's Court finally has ruled the defense interconnect Thousand Oaks Thousand Oaks Netscape and its affiliates established the fact of infringement, happy successful. Thousand Oaks and Thousand Oaks Netscape Internet can no longer use the name of the happy network, and compensate 400,000 yuan.
First trial after a win, happy to continue to the Beijing Higher People's Court of Appeal, the defendant made to stop using "kaixin.com" domain names, 10 million yuan compensation for economic losses on five claims.
For this case, the second trial the trial judge the Beijing Higher People's Court, said Zhang Bing, Court of First Instance found is consistent with the law, infringement is established. Happy people also rejected the company to apply for compensation for economic losses of $ 10 million claim, maintain verdict.
Thousand Oaks company's defense attorney admitted, Thousand Oaks has been in the performance of first instance decision, no longer use the "happy network," the name of the site.
Experts said that after the domestic Internet industry, although the "cottage rampant," but very few victims with law to safeguard the legitimate rights and interests of web site, "true and false happy network" case, the second trial of first instance judgments have identified the defendant acts in a tort, is the purification of the Internet an opportunity for the industry competitive environment, is of great significance.
(Editor: UN100)
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