xinhuanet.com Shanghai November 5th news (reporter Huang Anqi) "double eleven" big promotion electricity supplier in sight, Tmall and Taobao to the Shanghai Pudong New Area people’s court for preliminary injunction, called Shanghai load and network science and technology limited company "to help 5 buy website and carrier channel software (Shanghai) Co. Ltd. the" Gang of 5 Amoy "" plug-in suspected of unfair competition traffic hijacking way. Pudong court ruled that the two applicants immediately stop the insertion of web pages embedded in Tmall, Taobao’s behavior. And the carrier and the company, the company refused to accept the application for reconsideration. Pudong court hearing on the 5 sides of the organization, and made the decision to maintain the original ruling on the spot.
intellectual property injunction, refers to intellectual property rights in the prosecution before the request made by the court to demand the person accused of infringing acts is not necessarily command, to promptly stop being implemented or to be implemented against the rights of the intellectual property rights or against possible behavior. The new "Civil Procedure Law" has increased the provisions of the preservation of pre litigation acts.
Tmall, Taobao, said the applicant and the company is to help 5 buy website owners and operators, both of which are online trading platform, and the applicant has a direct competitive relationship. 5 to help buy the site launched to help the 5 Amoy web plug, called parity software, in fact, hijacking traffic malicious plug-in. The user computer installed on the "Gang of 5 Amoy, the use of IE, Baidu, Sogou browser landing, to help 5 Amoy plugin embedded Tmall page, and" in the Tmall page to buy advertising and search bar for 5. When the user selected goods ready to buy, the price of goods will appear near the "cash minus" or "to help buy 5 sweep minus 1 yuan, such as links and two-dimensional code. Once clicked, the page will jump to help 5 buy interface.
Tmall, Taobao believes that the "Gang of 5 design and Tmall, buy a website similar to the Taobao, let many users mistakenly think that is a trade dispute often find Tmall and Taobao theory, so this approach not only robbed of its commercial interests, more negative evaluation on the market image, has not formed unfair competition. In order to prevent such acts of unfair competition, Tmall, Taobao has done a security upgrade, but two were cracked.
Pudong court said, according to the evidence provided by the applicant, but preliminary evidence to help 5 Amoy plug-in for the applicant issuer carrying letter to the company, the applicant and company to help 5 Amoy Tmall, Taobao shopping plug-in embedded pages, the page is "shopping cash minus" etc. mark, which leads to Tmall, Taobao in the original transaction the user is guided to help 5 buy website, and then the load and a deal.
court believes that Tmall, Taobao and help 5 buy website are shopping sites, the two have a direct competitive relationship. The behavior of load and the company need not pay the corresponding promotional costs can be obtained by the applicant and the user trades platform, alleged unfair use of Tmall, Taobao’s visibility and customer base. Therefore, the behavior of the two respondent may be incorrect