"Double 11" Alibaba PK Jingdong Trademark War Weapon

The "double eleven" that has great economic benefits for the electricity supplier is approaching. This year's big promotion is accompanied by the mutual pinching of the big electricity suppliers online: "double eleven".

Use.

According to a notice issued by the Internet, which has the official seal of "Zhejiang Tmall Network Limited", the Alibaba group has already obtained the "double eleven" registered trademark. Authorized by Alibaba, Tmall has the exclusive right to "double eleven" trademark and is protected by law, and the use of any other person is a trademark infringement.

On the morning of October 30th, the Jingdong issued a letter to the national media partner, calling itself the victim of this circular.

A spokesman for the Alibaba did not respond to the authenticity of the circular, calling it a hype of a small number of e-commerce companies.

But the Alibaba, which was bombed for 30 days in the evening, finally came out to respond. The statement said, "the double eleven launched by Tmall is the double eleven". It has ended the war of words to ease the sentiments of all parties.

Not only Jingdong, but also suning.com yesterday issued a statement on the advertising ban on double ten trademark, which said, "the ban is an objective fact. Before the advertising of every electricity supplier came out of the street, the legal compliance method was unjust". "More than 10 days after the ban, it suddenly exposed.

Reduced to the topic of hype speculation, is not conducive to the overall image of the electricity supplier industry, it is good to play really, tort Tucao why? "

This year is the first "double eleven" after Tencent's stake in Jingdong.

In March 10, 2014, Tencent invested 15% in Jingdong, and gave relevant resources to Jingdong, such as Jingdong's access to WeChat and mobile QQ.

Analysts believe that the dispute between Jingdong and Tmall is a dispute between Tencent and Ali.

The dispute of "trademark"

The Morning Post reporter found it on the website of SAIC.

The Group Holdings Limited has registered "double eleven", "double eleven Carnival" and "double eleven online shopping Carnival" and other "double eleven" related trademarks, which cover three main categories: "displaying merchandise advertisements for the retail purpose in the communication media", "news agency, TV broadcasting, computer terminal communication, providing telecommunications channels for telephone shopping", "training, arranging and organizing the conference, providing online games, TV entertainment programs, and running lottery tickets".

The application date is November 2011, and enjoys 10 years' exclusive term of trademark.

Most of these trademarks are due in February 2013, while others are in October 2013.

What is interesting is that the search shows that in addition to the application of Alibaba group to "double eleven", there are about 10 applicants who have applied for "double eleven" brand names, including both companies and natural persons.

In October 30th, reporters entered the Jingdong mall, Amazon, Dangdang, Suning, Yi soon and other e-commerce sites, and no advertisements were found to contain the word "double eleven". Jingdong's expression was "11. 11".

A Alibaba spokesman told the Morning Post reporter that Ali started the "double eleven" activities in 2009 and that it is very reasonable to apply for a registered trademark in 2011.

Ali welcomes other electric providers to take part in the "double eleven" activities, but it should be reasonable and lawful to do so, and can not attack others to grow their own way. "We did not restrict last year. Why should we restrict others this time?"

You Yunting, an intellectual property lawyer and a partner of Shanghai Da Bang law firm, told the Morning Post reporter that the registered trademark has exclusive right to exclude the use of others. The Alibaba has the right to safeguard its rights and interests.

But he also said that the trademark itself is controversial.

"Double eleven is actually a sales promotion near November 11th, and it is controversial to register the date as a trademark."

It is understood that the eleventh article of the trademark law prohibits the registration of trade names or trademarks as trademarks, in order to prevent the invasion of public resources by private rights.

You Yunting believes that other businesses can also apply for null and void procedures to the national trademark review board to cancel the trademark, but this process will be longer, plus the subsequent court administrative proceedings, the longest may take two or three years.

"This can be regarded as a game, extending from commercial competition to legal game."

You Yunting said.

Yangzi Evening News quoted the deputy director of the Ninghai Trademark Office of Jiangsu Province, the director of the brand eugenic director Wang Yang, as saying that the trademark right is not unlimited. It points to specific goods and services. Alibaba and Tmall use the "double eleven" to carry out online shopping carnival, which is a service provided by the platform and can be registered as a trademark; and, from the trademark level, it can be protected in certain areas.

However, this trademark does not monopolize the concept of "November 11th". It does not mean that other people can not use "singles day" for promotion and speculation.

Wang Yang said that although Ali registered such trademark, but in practice, it is difficult to prevent other electricity providers from taking action. When other electric providers are conducting publicity, they can operate as long as they evade the use of the registered trademark and take other forms of publicity. "After the trademark has been registered, its business can not make use of this concept. It is a misreading from a legal point of view."

"Ali's intention"

The notice was issued to media advertising departments.

The letter did not criticize the "few electric business enterprises", but confused the actual organizers of the "double eleven" activities. With the help of the "double eleven" activities, the promotion of its popularity is a disregard for intellectual property rights. In order to achieve the purpose of borrowing and even ignore the facts, it uses the slogan "blind" and "fake" in advertising, trying to link Alibaba with fake and shoddy products.

Tmall hopes that relevant media advertising departments refuse to release promotional information for a small number of e-commerce enterprises.

On the morning of October 30th, the Jingdong issued a statement on its own initiative, calling itself a victim.

The Jingdong did not call it an electronic business enterprise by name. It is a real monopoly in the name of law. "In November 11th, it has become a festival of the whole retail industry, and also a carnival of online shopping for consumers.

The business enterprise has always advocated openness and ecology, but has tried to make this holiday a "legitimate" way. It even used obstacles and coercion to set obstacles to media and e-commerce companies. It is against the open Internet spirit and violates the principle of fair competition.

A Jingdong spokesman told the Morning Post reporter that the electricity supplier enterprise mentioned in the statement is Alibaba.

The person said that they recently learned from the media advertising department that they could not mention "double eleven" in advertising, and that the media was also afraid of their joint liability. After that, they changed all the advertisements related to "double eleven" and "double 11" into "11 11". "Fortunately, the loss is not great, and we will see our brand-new advertisements in early November."

Morning Post reporter found that Jingdong affiliate Beijing Jingdong three hundred landing degrees Agel Ecommerce Ltd applied for "Jingdong double eleven" trademark in November 14, 2013 and January 24, 2014 respectively, and the scope of application is even larger than Ali. There are seven major categories, including advertising, television viewing, and telecommunications channels for telephone shopping.

At present, the trademark registration is still under application.

As for why Jingdong applied for trademark, as of press time, the reporter has not yet received the reply from the Ministry of justice of Jingdong.

The third party Research Institute, the China Electronic Commerce Research Center website issued a document that Ali hit "commercial signs" to kill Jingdong and other electricity providers, with the intention of two points: first, Ali, by "commercial signs" to suppress peer, to do double 11 ultimate Boss.

Jingdong, Suning and other electricity providers continue to grow, and the strength of their peers makes Ali's "oligarchy" status feel pressure.

The double 11 battle is a "heavy event". It plays a key role in the layout of the electricity supplier market share in 2014. Ali plays a "commercial sign" to reduce the influence of the other 11 advertisements on the other electricity suppliers, thereby suppressing the electricity supplier that threatens its market share, manipulating double 11 games, enjoying the "independent food" and sitting firmly in hegemony.

Two, use the "trademark" infringement theory to disrupt the pace of advertising marketing.

The "double eleven" year-end promotion has been launched by Tmall, but over the years, major electric providers have joined. In 2012, even the offline retail department stores launched an alliance to participate in the "double eleven" promotion.

What's interesting is that in a statement issued yesterday, Suning said, "finally, I give the colleagues in the industry a sentence:" double eleven can be yours, but the market will always be everybody! The cake will always be reserved for those who are prepared! "