remainsAs for the network intends to appeal Apple AppStore infringement claims 100 million（至于网络打算上诉苹果应用商店侵权索赔1亿）

As for the network intends to appeal Apple

AppStore infringement claims 100 million

(Research papers Download News) June 26,Shanghai Yi Shikha Network Technology Co., Ltd.(hereinafter referred to as ‘easy Shikha’ ) held ‘for thetrademark rights for the networks’ news conference, tobe sued U.S.Apple.

As for the network is easy to Shikha’ s brand, is asimi lar shop No. 1 e-commerce site,which was original lyscheduledonJune21intheAppStore mobi leappl icationson-l ine with the same name, but there are apples in thesame paragraph AppStore appl ications dismissed.

Shanghai United Law Firm, easy Shikha lawyer MaYongjian said,have fi led relevant materials to the groundsof trademark infringement and unfaircompetition lawsuitagainst Apple and the mobi le appl ication developmentcompanyof claims100mi l l ionyuan.

May 30 thisyear,easi ly Shikha submitted to Apple forthe third mobi le appl ications for the network shelvesAppStore appl ication, but was told, ‘ ‘is to network’Appversion alreadyexists, ID is 739688712, the name ‘is

1

to network.’ ’ ,was rejected again .6 Apri l 23, Shikhaeasi ly through the Internet and objections submitted inwriting to Apple, saying that ‘as for the networks’appl ications easi ly Shikha violated the trademark, askedAppleto deletethe appl ication off the shelf ultimatelynotApple response.

Under Ma Yongjian bel ieves that Apple’ s easy to letothers infringement of trademark App mobi leappl ications into AppStore, to provide a venue fortrademark infringement and help, and repeatedly declareand uphold the rights situation in easi ly Shikha,Applerefused to correct its wi l lful and mal icious subjectiveobvious, therefore, according to<<>>Article57 of the Trademark Law, ‘wi l lful infringement oftrademark rights for the behavior to provide convenientconditions to help others to acts of trademarkinfringement,’ together constitute trademarkinfringement.

With the developmentof Internetand mobi leInternet,intel lectual property issues become more critical, butNora fined 260 mi l l ion yuan and the headl ines todayaremore concerned about the criminal investigation and so

2

too is the copyright and copyright disputes, and the l ike

‘as is net ‘for such registration by App, registeredaccount,etc. constitute trademark infringement?whetherthe platform as a third partyjointly and several ly l iable?remains to be furtherclarified.

‘Li Gui’ appl ications are frequent

Reporter landing AppStore search ‘as for thenetwork’ was informed that subsection appl icationdevelopersto ‘peipei meng’ ,updated on December 18,2013, is a practical information platform, but afterdownloading, the transaction can not be achieved.

Ma Yongjian through the investigation found that theappl ication is owned by a company cal led ShanghaiFengxian Hayward Business Information Technology Co.,Ltd. (hereinafter referred to as ‘ferti le business’ ), thecompanyalso sti l l on theAppStore l ines such as Shiseido,wine nets, nets and other brands hol iday of App.MaYongjian bel ieves Wal providers such acts constitutetrademarkinfringement and unfair competition.

Therefore, easy Shikha intends to prosecute the twoaccused Apple and Wal providers require Apple toimmediately stop infringement of the plaintiff’ s

3

trademark as a network behavior, and in the AppStoreremoved, the shelves of Wal-network providers for mobi leappl ications App, Waugh to immediately stop theinfringement of the plaintiff as to trademark and unfaircompetition network, withdraw and destroy it hasdeveloped and released on the Apple AppStorecompanies operating in the ‘as is network’ App mobi leappl ications, in addition to two easi ly Shikha Thedefendantclaimsatotal of 100 mi l l ionyuan.

According to the provisions of the Trademark Law,withoutthe permission of the registered trademarkon thesame kind of goods using their simi lar trademarksregistered trademarks,or registered trademarks uses thesame or simi lar trademarks on simi lar goods, l ikely tocause confusion is an infringement of a registeredtrademarkOne of the right behavior.

However, in the mobi le Internet,App whether goods?Shanghai Star Han, head of the intel lectual property lawfirm, said Zhang Xuan, the Trademark Law >><< expressly provided in Article 4.2 of this Lawconcerning trademarks , apply to service marks, namelycommodities, including in-kind goods and services, he

4

said, ‘App is not a single product or service,but ratheracombination of goods and services within the scope ofprotection of trademark law.’

Joint and several l iabi l itytorture

On the same day, the Shanghai InformationTechnology Co., read a Yuxi responsible Pan Yan toldreporters that he was ready to micro-channel platformregistered in the name ‘Xi read’ publ ic account, alsofound to be registered by Pan Yan unclear whether suchacts involve violations trademark, because he hasregistered the ‘Xi reading’ trademark font.

Appears micro-channel, microblogging and otherthird-party platforms, so many companies have entered,but often encounter this situation Pan Yan, the companyregistered a trademark has been registered in the formand sizeof theaccount,whi le undernormal circumstances,these companies first thought is to communicate withthird-party platforms.

The easy Shikha sued Apple, third-party platform isbased on joint and several l iabi l ity, according to马永健said the Android platform in the country, there have beensome appl ications store ‘as for the network’ fake App,

5

then alsoactivistswi l l use legal means.

Assume responsibi l ity for the audit third-partyplatform,but inthefaceof tensof mi l l ionsoreven bi l l ionsappl ication or account, through al l the on-l ine productregistration accountorwhetherthe infringement isclearlyunreal istic.U.S. enacted in 1988>><<DigitalMi l lennium Copyright Act proposed a ‘safe harbor’provisions of copyright was first appl ied to the field, thatdue to network intermediary service providers do nothave the abi l ity to pre-censorship, therefore, to take

‘notice+removed’ rule, intermediary service providerson the networkto l imit indirect l iabi l ity.

Domestic<< Information Network TransmissionRight Protection Ordinance,also provides network serviceprovider knows or should know that the l ink works,performances, audio and video products of infringementshal l bearjoint tort l iabi l ity law. Such provisions, in manyWriters infringement lawsuit against Baidu has beenrepeatedly mentioned.

But it is worth noting that these two provisions areagainst copyright, did not make the rules andinterpretation of the trademark.Reporter access to a pea

6

pod,91 assistant and other third-party appl ications storeand found that most have strict rules on copyrights, butFor trademark rightswere not made strictly l imited.

Simi larly, in Sina microblogging, micro-channel inregulation, just not infringe the rights of others, such asproposed broad concept restrictions. Unl ike third-partyappl ication store is a trademark in the microbloggingplatform with micro-channel may constitute infringementin the form of account appears. currently the only majorsystem platforms are implemented account, once thetrademarkof the company name has been registered, thecompanywi l l be unableto registeragain.

Zhang Xuan said that although at present there is nospecific behaviorof this newform of Internet infringementenact laws and regulations, but according<< tortProtection Act>>,<<>> trademark lawand other existing laws and regulations can sti l l makejudgments, therefore,As a third-party platform, if there isan infringement of personal protection business orappl ication platforms are obl iged to check and stop theinfringing party to continue infringement, blockedaccounts or the shelf product,but under the current legal

7

and regulatory framework, if there is no business orpersonal rights initiated, platform does not bear therelevant responsibi l ity.

He also said that the key is to see how to define theinfringement. Zhang Xuan, for example, in accordancewith the provisions of the Trademark Law, although amicro-channel or Twitter account using the registeredtrademark of enterprise size, but the company did notengage in the same or related businesses, does notconstitute trademark infringement (Source: 21st CenturyBusinessChannel

8