WTOIP, claims to be a "IP unicorn", was sued by trademark search service provider Guofang company

Foshan Guofang Identification Technology co., LTD. is a professional trademark retrieval company in the industry which has a certain reputation. When they use the search engine to retrieval the keywords "Guofang Trademark", "Guofang Trademark Software", "Guofang Trademark Query Software", it shows information of weblink title, link description content such as "countryside trademark query software - WTOIP network" and "countryside trademark query tools - WTOIP network". Guofang Company considers that their company information is used by others to set up search keywords. The behavior is suspected of constitute trademark infringement and unfair competition. Therefore, Guofang Company sued the operator of WTOIP, Guangzhou Boao Zongheng Network Technology Co., LTD., and a search engine service provider to the Court. The Boao Company appealed to the Guangzhou Intellectual Property Court after the first instance ruled that the Boao Company constituted unfair competition and compensated Guofang company for economic losses of 80,000 yuan. The Guangzhou Intellectual Property Court has upheld the original ruling and rejected Boao Company's appeal.

In recent years, promotion link, as an emerging network marketing channel, has brought a lot of convenience to the product promotion and brand publicity of merchants, but also led to a large number of cases of disputes caused by the use of keyword services to free rides on others' brands. The legal characterization of such behavior is the key to the trial of such cases. In this case, the Court of the first instance and second instance reasoned it out in detail, which has an enlightening effect on the trial of this kind of cases.