Jingdong Sues Teddy Bear for Trademark Infringement and Unfair Competition--Requesting 5 Million as Compensation
Recently, Beijing Jingdong 360 Degree E-Commerce Co., Ltd. (hereinafter referred to as Jingdong) sued Beijing Teddy Bear Mobile Technology Co., Ltd. (hereinafter referred to as Teddy Bear Company) to Beijing Municipality Haidian District People's Court (hereinafter referred to as Haidian Court) for trademark infringement and unfair competition. Jingdong requested the court to order Teddy Bear Company to stop trademark infringement and unfair competition immediately, that is, to stop inserting Teddy Bear’s webpage links into the short message pages sent by Jingdong, stop using the Chinese characters of “Jingdong” and Jingdong’s LOGO in the alleged infringement links, and compensate for economic losses and reasonable expenses of more than 5 million Yuan.
Jingdong sued that Teddy Bear company reorganized the text messages and short message pages it sent to customers without authorization, and had the following trademark infringement and unfair competition conducts.
First, Teddy Bear Company prominently uses the trademark of Jingdong in its website, which constitutes trademark infringement. For example, Teddy Bear Company inserts the interactive menu “Know about Jingdong” at the bottom menu of Jingdong’s short message. When the user clicks on the interactive menu, the page jumps to the website of Teddy Bear Company Domain Name (teddymobile.cn). At the domain name location of the browser page, Teddy Bear Company highlights the Chinese characters of “Jingdong” and displays it with a similar sign of website security authentication. And at the main page of the website, it inserts marketing and promotion information of “loans” from other websites for profit.
Second, Jingdong believes that the Teddy Bear Company uses Jingdong’s traffic portal to seize Jingdong’s business opportunities, and its behavior constitutes unfair competition. Jingdong claims that the intelligent short message is intended to simulate the WeChat public account and provide an interactive menu to improve the brand exposure of the message-sending enterprise and the conversion rate of the links in the message text. Therefore, the interactive menu provided by the smart message is bound to be the traffic portal for the message-sending enterprise. Logically, it is impossible to insert the website link of any other competitive operators. Thus, the means by which Teddy Bear Company inserts its own website link in the text message sent by Jingdong to compete for business opportunities is not justified and does not conform to recognized business ethics. This behavior constitutes unfair competition.
For Jingdong’s lawsuit, Teddy Bear said it had not received any information about it and was inconvenient for interview.
August 12, 2019
Source: www.iprchn.com
Photo from: 6199pic.com
