The one-year-old "Qihoo 360" sued "Study abroad 360" trademark infringement has recently settled. In the end, the two sides reached a settlement and Qihoo 360 filed an application for withdrawal from Shanghai Intellectual Property Court. At the same time, the Shanghai Intellectual Property Court lifted the freeze, seizure, and seizure of RMB 50 million in 360-student deposits or other equivalent assets.
In July last year, Beijing Qihoo Technology Co., Ltd. sued Shanghai Sanlu Zero Education Investment Co., Ltd. and its parent company, Beijing Science and Technology Co., Ltd., to the Shanghai Intellectual Property Court, arguing that the two violated their trademark rights and constituted unfair competition. The claim for economic loss is 50 million yuan.
In response to Qihoo's application for property preservation, the Shanghai Intellectual Property Court made a civil ruling, freezing the respondent's Shanghai Sanlu Zero Education Investment Co., Ltd. with a deposit of 50 million yuan, or seizing, freezing, and seizing other equivalent property.
Qihoo sued that after years of operation and extensive publicity, the "360" series of trademarks it holds have high visibility and good reputation. More than 800 trademarks were registered around "360" in multiple categories. The defendant Sanlu Zero Education Company registered or purchased a large number of domain names with the name "360", and used the "360 Education Group", "study abroad 360", or even "360" directly in its promotion.
Qihoo believes that the two defendants used the logo containing the word "360" on the website, WeChat public account, etc. for propaganda without the plaintiff's permission. In addition to being similar to their own trademarks, it would easily confuse the relevant public and infringe Plaintiff registered trademark exclusive right. Sanlu Zero Education Company's use of "Sanlu Zero" as its corporate name clings to the plaintiff's goodwill, attempts to establish a connection with the plaintiff, and constitutes unfair competition.
At that time, Luo Cheng, the founder of Li Sichen Overseas Study 360, issued a personal statement saying that Overseas Education 360 had been operating in the industry much earlier than Qihoo 360, and there was no such thing as a misleading market. In addition, I believe in the law, the facts and evidence, and the brand and word-of-mouth accumulated in the field of education abroad. At the same time, I also believe that the court will make a fair or just judgment or ruling, and have full confidence in the outcome of the lawsuit.
It is reported that in the past year, the Shanghai Intellectual Property Court has entrusted the Shanghai Economic, Trade and Commercial Mediation Center to mediate related disputes. During the trial, Beijing Qihoo Technology Co., Ltd. submitted an application for withdrawal to the court on the grounds of reaching a settlement with the two defendants.
(Article source: Beijing Commercial Daily)