China's largest Internet fundraising platform, Fun in Funding, previously sued by Shanghai Dreamore Network Technology Co., Ltd. for the trademark. On December 29, Beijing Intellectual Property Court concluded the dispute case in its second instance, and determined that the use of the logo by the Fun in Funding Company did not constitute an infringement of the registered trademark of Category 35. Accordingly, the Court ruled to revoke the first-instance judgment and dismissed all claims of Dreamore Company.
Beijing Intellectual Property Court publicized the judge's notes in the official WeChat account: In recent years, with the rapid development of Internet technology and the in-depth integration with traditional industries, new forms of services based on the Internet as infrastructure and implementation carriers have continued to emerge.
When judging whether such services are the same or similar to a certain service category, it is impossible to simply and unilaterally realize that external factors such as carriers and manifestations have a certain overlap or coincide, that is, to determine that they constitute the same or similar services.
Instead, based on open, equal, and interactive network characteristics of the Internet, it should comprehensively investigate and analyze the purpose, content, method, and object of such services as a whole. It should also combine the general understanding of the relevant public to grasp and define the nature of the service accurately, and clarify its internal relationship with existing service categories, and therefore to conduct a more comprehensive, scientific and reasonable review and determination, which reserves sufficient development space for the healthy development of new services. In this way, forms a fair and orderly market competition order, and achieve the best balance of interests between legitimate rights of trademark owners’ and protect the social innovation to the maximum extent.