Original title: "particle loan" trademark is unauthorized, Tencent Inc sued rights protection
Because of the "particle loan" registered trademark that it enjoys, the plaintiff Tencent science and Technology (Shenzhen) Co., Ltd., on the grounds of infringing the trademark right, appealed to the defendant Shanghai Cen ye Cci Capital Ltd, the defendant Beijing Zhi borrow Network Technology Co., Ltd. to the court, and asked the two defendants to compensate the economic losses by 5 million yuan, at the same time. The two defendants are requested to stop the infringement immediately, eliminate the impact and jointly compensate the plaintiff for a reasonable cost of 100 thousand yuan. On the afternoon of July 31st, the Haidian court heard the case.
The plaintiff Tencent science and Technology (Shenzhen) Co., Ltd. claims that the plaintiff is the trademark owner of the 16577525th "particle loan" text mark and the No. 16577654th "particle loan" trademark, and the two trademark announcement date is May 14, 2016. The authorized use range is the Ninth "downloadable computer application software, respectively." And the thirty-sixth types of services such as "financial services, financial loans, financial information, online banking, financial information through the website" and other services on commodity and other commodities, such as "financial services, financial loans, financial information, online banking, and the provision of financial information through the web site", are from May 14, 2016 to May 13, 2026. The defendant, cen ye Cci Capital Ltd, Shanghai, developed and used the software "particle loan" and provided financial services through the software. The defendant two Beijing Zhi borrow Network Technology Co., Ltd. provided financial services through the "particle loan" software. The plaintiff thought that the "particle loan" and "particle loan" were both written trademarks and two defendants. The above-mentioned act infringes on the trademark of the plaintiff. Because the "particle loan" software related to the interface shows the defendant is the right to the software, the defendant two in the "particle loan" software operation interface through the name of the quick Loan Home "tool module" to publicize the public financing loan service, so the two defendant's behavior constitutes a joint tort, so to the court and ask for the two defendant. Immediately stop the infringement and apologize, eliminate the impact, compensate for economic losses of 5 million yuan and a reasonable expenditure of 100 thousand yuan.
During the trial, the first accused Shanghai Cen ye Cci Capital Ltd argued that the "particle loan" was different from the "particle loan" service category, which did not cause any loss to the plaintiff, and the plaintiff did not submit evidence on the economic loss.
The second defendant, Beijing Zhi borrow Network Technology Co., Ltd., argues that there is no cooperative relationship with the first defendant. The real time information displayed in the APP in the trademark is a link between the webpage and the defendant, and the web page can be obtained through public channels.
This case involves the trademark infringement of the name of the software. The trial mainly revolves around whether the behavior of the two defendants infringes the plaintiff's trademark rights in the case, and if the foregoing infringement is established, whether the two defendants constitute the joint tort, and how to bear the corresponding civil liability, the joint court organization is organized in combination with the evidence from both sides. The parties shall give evidence and cross examination in an orderly manner, and the parties will fully give their opinions on the debate.
The case was not judged in court.
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