Excellent letter v 58 city infringement claims 30 million of the other party called its hype

each reporter Jiang Peifang

yesterday (April 6th), the 58 city on its website "counterfeit excellent letter second-hand car", excellent letter of second-hand car CEO Peng Weilian announced, has filed a lawsuit in Beijing Chaoyang District people’s court, and the court has accepted.

is responsible for the matter lawyer Zhang Zhisheng said, excellent letter of second-hand car claim contains 3 points: 1, the defendant was ordered to immediately stop using the 58 city "excellent letter" and "excellent letter of second-hand car"; 2, the defendant was ordered to 30 consecutive days on the home page of the company website and the national headlines released a statement of apology; 3. Order the defendant to compensate the plaintiff economic loss Sanqian million yuan.

58 city side said, we do not want to cooperate with each other’s hype, it will not respond."

prosecution: search excellent letter but points into 58 city

The reason for the prosecution of 58 city events

, lawyer Zhang Zhisheng explained that: in April 2, 2016, 58 city through malicious set the "excellent letter" and "excellent letter of second-hand car" and links to search engines, making the public search input "letters" and "excellent letter second-hand car" box in Baidu keywords, direct display and a link to the official website of the 58 city (www.58.com), and enter the 58 city sites linked second-hand car business.

Zhang also said, enter the link page, the defendant in its official website home page prominently marked "excellent letter of second-hand car", in an attempt to further confuse the public.

there had also therefore appeared as the 58 city to be merged and the letter "and" 58 shares excellent letter "message, excellent letter sound natural second-hand car quickly denied this, and issued a statement condemning the 58 city in April 3rd, asking them to immediately stop the infringement, the fake website content offline, and solemnly excellent letter to second-hand car to apologize.

, however, today, 58 city did not give any form of official response.

"if the lawyer said, then the 58 city’s behavior is indeed a problem." Senior legal professionals Zhao Zhanling told the "daily economic news" reporter said, the above statement, the first input "letters" and "excellent letter of second-hand car" keywords, and show the 58 official website link behavior, belong to unfair competition, violation of the relevant provisions of the "Anti Unfair Competition Law". Enter the link page; after the 58 city’s official website home page prominently marked "excellent letter but the second-hand car" behavior, so it is.

and Zhang Zhisheng appeared in the 58 city as a second-hand car industry with excellent letter competitors, in the name of the enterprise, knowing that the plaintiff name and official website of high visibility conditions, and still unauthorized use of obfuscation, is by the name of others for their own personal interests improper intention, subjective malice obvious. In accordance with the provisions of article 120th of the general rules of the civil law of the people’s Republic of China, the defendant shall bear the legal liabilities for stopping the infringement, eliminating the effects and compensation for losses.

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