360 sued 360 Daidai for 30 million yuan of infringement: the domain name involved has been frozen
The trademark infringement case 360 sued "360 Loan Network", which is the highest amount of claims in the history of China's Internet financial industry, has made new progress recently.
It was learned from the Beijing Intellectual Property Court that, according to the application of Beijing Qihoo Technology Co., Ltd. (hereinafter referred to as Qihoo 360), the court has made a ruling to freeze the domain name involved in the case "www.360daidai.com".
At the beginning of 2016, Qihoo 360 sued Beijing Lianhe Zhongtou Financial Information Services Co., Ltd. and Yunnan Dai Dai Internet Financial Services Co., Ltd. on the ground of infringing the exclusive right to use relevant registered trademarks. On February 16, 2016, the Beijing Intellectual Property Court formally accepted the case.
During the trial, Qihoo 360 applied to add Yunnan Dai Dai Network Technology Co., Ltd. (hereinafter referred to as Dai Dai Network Technology Co., Ltd.) as the defendant, and filed a preservation application on June 3, requesting to freeze the domain name involved in the case registered by Dai Dai Network Technology Co., Ltd. "www.360daidaidai. com".
After examination, the Beijing Intellectual Property Court held that the reason why Qihoo 360 filed a lawsuit was that the domain name involved in the case infringed its trademark rights, the alleged infringement and the lawsuit request all involved the domain name "www.360daidai.com", and the registrant of the domain name involved in the case was one of the defendants, Lendai Network Technology Co., Ltd; In view of the fact that the transfer, cancellation and change of the domain name will have an impact on the trial and judgment of the court, and even affect the execution of the judgment, and Qihoo 360 has provided the court with 100000 yuan in cash as a guarantee for the compensation for the loss caused by the application error to Lendai Network Technology Company, it is decided to freeze the domain name involved in the case "www.360daidaidai. com".
The trademark dispute between Qihoo 360 and "360 Loan Network" started six months ago.
At the end of 2015, a user consulted Qihoo 360 by phone, saying that he entered the "http://www.360daidai. com" website when surfing the Internet, and saw a logo quite similar to Qihoo 360 on the prominent position of his home page. He thought that the platform was the financial product of Qihoo 360, so he planned to invest, but called carefully to verify.
Through investigation, the actual operators of "360 Loan Network" are Beijing United Investment Financial Information Service Co., Ltd. and Yunnan Loan Internet Financial Service Co., Ltd., which have nothing to do with Qihoo 360.
Since then, Qihoo 360 has filed a lawsuit, arguing that the trademark registered by the company has gained great prominence after long-term continuous use and extensive publicity. "360" has become a synonym for Internet security, widely known by the relevant public, and has reached the status of a well-known trademark. The exclusive right to use registered trademarks should be protected by law.
Qihoo 360 believed that the two defendants, as the actual operator and beneficiary of the website involved in the case, knew that the plaintiff and its trademark involved in the case had high visibility and reputation, used the word "360" in its logo and domain name "www.360daidai.com" without permission, and provided financial information and capital lending services through the domain name, It is enough to make the relevant public think that the logo used by the two defendants' website has a considerable connection with the plaintiff's 360 well-known trademark, which weakens the significance of the well-known trademark, detracts from the market reputation of the well-known trademark, and damages the plaintiff's interests.
Qihoo 360 also claimed that the website operated by the two defendants before was called "loan website", which was changed to "360 loan website" in July 2015. Subjectively, it clearly had the intention of "hitchhiking" and "going by famous brands". This improper use of the market reputation of the plaintiff's well-known trademark has further increased the damage to the plaintiff's interests.
On this basis, Qihoo 360 Company filed a lawsuit request to the court to order the two defendants to stop infringing the exclusive right of 360's registered trademark, stop using and cancel the domain name "www.360daidai. com", compensate economic losses and reasonable litigation expenses totaling 30 million yuan.
