Plaintiff providers Housing Network operates the micro-channel public number "Zhongshan trader Housing Network." January 28, 2014, February 6 and March 12, the public micro-channel number to the user pushes the "Zhongshan highest Who? Lee and the height will be refreshed decrypted rise Zhongshan whole archive, "" substantial cooling after the eighth day of rainy weather (tell friends note add warm clothing Oh) "," Do not laugh at old cake for your Great Zhongshan four famous pie (you have eaten yet) "3 articles.
Storm defendant company's operations micro-channel public number "the tide of Zhongshan", the user has to push the micro-letter "Who is the tallest building in Zhongshan? Zhongshan tower Full Profile! I wish all the people of Zhongshan higher level! And you look at Zhongshan! "" Substantial cooling Zhongshan minimum 7 degrees next week! Your parents know? Diffusion known! "And" Zhongshan four famous pie, you have eaten it? Zhongshan people turn to the "three allegedly infringing works, highly similar to the plaintiff's suppliers Housing Network has released three articles.
To this end, commercial housing network sued the company alleged infringement of its copyright Storm, taken to court, requesting an order the Storm company apology, compensation for economic losses $ 1.
Court of First Instance, "Mock old cake for your Great Zhongshan four famous pie (you eaten yet)" Reprinted from "Zhongshan-off", the plaintiff companies claim Housing Network providers relevant copyright lack of legal basis.
"Rainy weather cooled significantly after the eighth day (tell friends note add warm clothing oh)" does not have the originality, the plaintiff room network provider company is not entitled to copyright.
"Who Zhongshan highest? Lee and the height will be refreshed decrypted Zhongshan tall full file, "a text original, plaintiff provider network company this room enjoy copyright. Storm's announcement of "Who is the tallest building in Zhongshan? Zhongshan tower Full Profile! I wish all the people of Zhongshan higher level! And you look at Zhongshan! "Article constitutes plagiarism, adjudication storm company apology, compensation for economic losses.
Zhongshan Municipal Intermediate People's Court of second instance upheld the conviction.
Guangdong High Court Comment: Referee gist of the sense of copyright law must have "originality" - originality, requiring the creation of independent authors, reflecting minimal creativity. With the "original" works should be protected by copyright law.
On the work of others expressed themes, themes, historical background, the objective facts, statistics, etc. of course, free to use, but does not copy others describe related subject matter, theme, objective facts, words and expressions historical background.
"Gloria shoes" real tort
Grid wind is women's brand "Gloria" rights holders registered trademark Product for clothing. Ya products company registered the "Geliya" logo on the shoes, boots merchandise in the online creation of "Gloria" flagship store, shoes selling "Gloria" logo, printed with Ya products company with cow statue Company contacts shoebox.
To this end, the company requires grid wind Ya products companies, cow statue companies to stop infringement, compensation for loss of 5 million yuan.
The case first instance court found that, ya goods companies use the "Gloria" logo, a registered trademark infringement wind grid company, was made the Ya products company to stop infringement, compensation for economic losses grid wind of 200 million civil judgment.
Guangdong Provincial Higher People's Court upheld the view that, although according to distinguish the table, in this case the alleged infringing trademark approved goods and products do not belong to the "same group similar goods", but both the production sector, sales channels, the same consumer. Meanwhile, the trademark case with high visibility, the alleged infringer is basically the same logo and trademark case, if the two coexist in the clothing and footwear, easy to make the public confusion, mistake, and therefore finds an infringement Ya products, to maintain the original sentenced.
