Beijing Kingsoft Security Software Co., Ltd. sued Hangzhou Saizhong Information Technology Co., Ltd., the software developer and operator, and Beijing Zhuoyixunchang Technology Co., Ltd., the software supply and download platform for trademark dispute, requesting the two companies to stop trademark infringement immediately, publish a statement to eliminate the impact and pay one billion Yuan for economic loss and reasonable expenses.

The plaintiff claims that Kingsoft is the developer and operator of the cellphone app, Kingsoft Battery Doctor, and also the trademark owner. The Kingsoft Battery Doctor is a well-known battery maintenance app with a good reputation that tells the user what is draining the battery most and how to fix it. It is found that there is a software named Battery Doctor which uses very similar logo and name to Kingsoft Battery Doctor on Wandoujia, an app download platform of Beijing Zhuoyixunchang Technology Co.,Ltd.. The function, as is described, is to provide longer-lasting battery power, identical to that of the Kingsoft Battery Doctor.

The plaintiff holds that Battery Doctor constitutes trademark infringement by using the logo that is highly similar to its prior registered trademark and causes public confusion. In addition, Beijing Zhuoyixunchang Technology Co., Ltd also constitutes infringement, as it consciously provides assistance by offering promotion, download, installation and operation services. By January 8, 2019, Battery Doctor has been downloaded 288 thousand times on Wandoujia, causing Kingsoft immeasurable losses.

At present, this case is still under investigation.

April 4, 2019

Source: China Court.org