"Particle loan" trademark was used? The Tencent Inc awarded 36.5 yuan
It's "particle loan" trademark is used, the Tencent of science and Technology (Shenzhen) Ltd. for trademark infringement on the grounds that the prosecution of Shanghai Cci Capital Ltd, Beijing Zhi Ye Cen by network technology limited, required to immediately stop the infringement, eliminate the effect, and compensation for economic losses and reasonable expenses totaling 5 million 100 thousand yuan.
Today, the reporter was informed that the Beijing Haidian court heard the case, judge ye Cen company compensation for economic losses and reasonable expenses totaling 36.5 million yuan.
The Tencent Inc claimed the No. 16577525th "particle -" word mark and No. 16577654th "micro loan" written trademark trademark, the trademark approved the use of service categories were ninth kinds of computer application software, computer program (downloadable software), thirty-sixth types of financial information financial loans, financial information, online banking through the website. The development and use of software "Ye Cen particles" loans and through the software to provide financial services, Beijing wisdom network technology Co. Ltd. by providing financial services through the "particle loan" software, two common infringement act of the defendant the plaintiff's trademark, and cause losses to the.
On the court, the company argued that the "Ye Cen particles" loans loans supermarket, is a traffic entrance, itself does not provide financial services, and the particles of credit provided loans and other financial services, the two different service categories. The Tencent "particle -" no mobile phone APP, mobile phone terminal software as "particle loans" and will not cause confusion, and there are only a few months, did not cause any damage to the micro loan "trademark; Tencent claims the amount of compensation and reasonable expenses is extremely high.
Another defendant in court by the company Chi showed no relationship with Cen Ye company, also did not take the initiative through the "particle loan" software interface provides any service; Cen company "Ye particles loan" in the software interface jump to operate "speed Chi borrow loan home through the software interface code easy access to public channels, notarization of real-time information in web pages is shown to grab the link company ye cen.
After the trial, the court held that ye Cen company will "loan for its goods and particles" propaganda "are trademarks of the particles using the loan". The company used a similar trademark behavior in similar services, extremely easy to cause the relevant public sources of goods or services, confusion or misidentification, violated the plaintiff's trademark rights. Who borrow company operation "fast home loan is not displayed in the software involved in the infringement identification, there is no evidence that the defendant has cooperative relationship between the two, ye Cen company is to grab fast home loan website links, the company shall assume the tort liability ye cen. The court in the amount of statutory damages within the scope of the discretion to determine the amount of compensation for 300 thousand yuan, according to the plaintiff submitted evidence to determine the reasonable expenses for 65 thousand and 650 yuan.
Source: Beijing evening news Wu Jie Lin Jing