GUANG DONG SHANGDA (FU TIAN) LAW FIRM
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Travel unauthorized use of another business name dispute

Add Date:2015/7/1 Hits:2920 Font Size:S M L BACK
Basic facts

Plaintiff Tianjin China Youth Travel Service (CYTS hereinafter referred to Tianjin) claimed that: defendant Tianjin National Youth International Travel Service Co., Ltd. in its copyrighted web pages, source code, and the site search engine, illegal use of plaintiff's full name and company name referred to as "Tianjin Youth Tour ", in violation of the Anti-Unfair Competition Law, requesting an order the defendant to immediately stop acts of unfair competition, a public apology, compensation for economic loss of 100,000 yuan, and bear the cost of litigation.

The defendant Tianjin National Youth International Travel Service Co., Ltd. (hereinafter referred to Tianjin CYTS) argued: "Tianjin CYTS" No registration, not enjoyed by the plaintiff, the plaintiff claimed loss is no factual and legal basis to dismiss the plaintiff's claim.

Court found that: Tianjin China Youth Travel Service on November 1, 1986 inception, is engaged in domestic and inbound and outbound tourism business of state-owned enterprises directly under the Tianjin Municipal Committee of the Communist Youth League. Municipal Committee of the Communist Youth League issued proof of that "Tianjin CYTS" Tianjin China Youth Travel business short. In 2007, the "Evening News" and other media reported that Tianjin China Youth Travel Service contractor activity has begun to "Tianjin CYTS" abbreviation refers Tianjin China Youth Travel Service. Tianjin CYTS in quotations, travel contracts, cooperation with the industry operators documents, invoices, etc. as well as premises of the store signs finest daily business activities, use the "Tianjin CYTS" as the abbreviation. Tianjin National Youth International Travel Service Co., Ltd. in July 6, 2010 was established, it is engaged in domestic tourism and inbound tourism reception and other business of the limited liability company.

By the end of 2010, Tianjin CYTS were found to search for "Tianjin China Youth Travel Service" or "Tianjin CYTS" through Google search engine, the first search results and sponsored links marked location show "Tianjin China Youth Travel Service online business Tianjin Office of the National Youth www.lechuyou.com on-line business hall, is your ideal choice, travel to provide high quality, caring, pleasant service "or" online business www.lechuyou.com CYTS Tianjin Tianjin Guoqing on-line business hall, is your ideal choice, travel to provide high-quality, intimate, comfortable service ", click on the link on the page after entering the nominal Tianjin National Youth International Travel Music Travel Network sites, top of the page appears" Tianjin National Youth International Travel Service - Youth Travel CYTS / Tianjin CITS "and other words, web content for the Tianjin National Youth Travel business information and quotes, nominal website Copyright: Traveling Music Network - Tianjin Guoqing, and marked the Tianjin National Youth telephone and business address. Meanwhile, Tianjin CYTS through Baidu search engine "Tianjin CYTS" in the first search results and mark the location of the promotion link to display the "Welcome CYTS Tianjin contract Shou credibility units, bringing together classic domestic outbound tours, 100 percent of the group, Tianjin CYTS 400-611-5253 022.ctsgz.cn ", after a link to the page is still above the nominal travel sites Tianjin National Youth Music website.

Referee Results

Tianjin No.2 Intermediate People's Court (2011) II Min San Zhi Chu Zi No. 135 civil judgments on October 24, 2011: First, the defendant Tianjin National Youth International Travel Service Co., Ltd. to immediately stop the violations; Second, the defendant in the date of entry into force of this decision within thirty days on its website published apology for 15 days; Third, the defendant compensate the plaintiff economic loss Tianjin China Youth Travel 30,000 yuan; Fourth, dismissed the plaintiff's other claims. After the verdict, Tianjin CYTS appeal. Tianjin Higher People's Court (2012) Tianjin Gao Min San Zhong Zi No. 3 civil judgment on March 20, 2012: First, to maintain the Tianjin No.2 Intermediate People's Court civil judgment said second, third, four; two , the first change of judgment "National Youth International Travel Service Co., Ltd. Tianjin defendant to immediately stop the violations" as "National Youth International Travel Service Co., Ltd. Tianjin defendant to immediately stop using the 'Tianjin China Youth Travel Service', 'Tianjin CYTS' words and as Tianjin Green International Travel Service Co. site search link keyword "; three other defendants dismissed the appeal request.
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