Two where the network domain name dispute Court domain name similar to the source of legitimate

– Beijing fun to take information technology Co., Ltd. and Guangzhou, where information technology Co., Ltd. unfair competition dispute case

the appellant (plaintiff): Beijing qunar Information Technology Co. Ltd.

the appellant (defendant): Guangzhou city where information technology Co. Ltd.

source: Guangdong Provincial Higher People’s Court (2013) Guangdong min three final civil judgment No. 565th

case profile

May 9, 2005, Beijing fun to take the company’s former legal representative Zhuang Chenchao registered domain name qunar.com and created a website, after the transfer to the Beijing fun to take the company. In 2006, the company took the interest to obtain telecommunications and information services business license, the type of business information services for the Internet business, the name of the site to take tourism search engine, website www.qunar.com. October 7, 2011, Beijing fun to get the company in the thirty-eighth category (Communications) services, 39 categories (Tourism) services on the registration of Qunar.Com+ camel graphics, where to go +Qunar.Com+ camel graphics trademark.

Guangzhou where the company formerly known as Guangzhou Longyou city of Oz Travel Agency Co. Ltd., founded in December 10, 2003. May 26, 2009, Guangzhou, where the name of the company approved by the company changed to Guangzhou which information technology Co., Ltd., the business scope of the company and Beijing fun to close.

July 3, 2009 Guangzhou go to the company to get others to get registered in the quna.com domain name in June 6, 2003, after which the registration of the mobile phone to go to the network www.mquna.com, where to network www.123quna.com". Three domain names point to the home page of the site are used to go where and Quna.com words foreign propaganda, business.

April 25, 2011, Beijing qunar company in Guangzhou where the company constitutes unfair competition, bring a lawsuit to the court, requesting the court to Guangzhou where the company to immediately stop using and "where" and "qunar.com" are the same or similar service name and company name, immediately stop using and where network similar or similar page layout; an order of Guangzhou where the company immediately cancel the domain name or the company involved with the domain name of interest from Beijing; Guangzhou ordered to go to Beijing to take interest in company apology, eliminate the effects of, and compensation for economic losses and reasonable litigation expenses.

in the case of Guangdong province by the Guangzhou City Intermediate People’s court, Beijing and Guangzhou where the company to take interest in the company have refused to accept the verdict, appeal to the high court of Guangzhou.

judgment points

according to the argument between the two sides, the court held that the focus of controversy in this case is:

one, Beijing fun to take the company, where to go to Guangzhou >

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