Who Is The Double Eleven Logo? Ali Jingdong Again Waves

In yesterday's business circle, there was a debate about the ownership of the logo.

On the one hand, Jingdong, Suning and other competitors seriously accused Ali of "monopolizing the real name in the name of the law". On the other side, he claimed that other electricity suppliers used the "double eleven" logo to belong to the Alibaba Ali.

In response to the "Luo Sheng men", which seems to be "public and rational", the legal profession said that as a result of the high visibility of several parties involved, as a classic case, this will help domestic enterprises to enhance the awareness of intellectual property protection.

"Meets porcelain" meets "the monopoly"?

At noon yesterday, Jingdong launched the opening of the "Luo Sheng men" through a letter to the Jingdong blackboard newspaper issued by its WeChat public account.

Although not named, the open letter directed the target to Ali, "an electric business enterprise monopolized the real name in the name of the law".

The open letter said that 11. 11 has become a holiday for the whole retail industry, and also a carnival for consumers online shopping.

An electric business enterprise has always advocated openness and ecology, but has tried to take this holiday as a "lawful" way. It has even violated the spirit of the Internet and violated the principle of fair competition.

Suning.com and Gome online joined the support group.

Suning.com said, "the ban is an objective fact. Before the advertising of every electricity supplier came out of the street, the law was inconsistent with the rules." Gome online said, "double 11 belongs to all netizens, and it is also a common opportunity for every big electricity supplier to serve users."

These responses stem from an announcement on the Internet.

The notice issued by Alibaba group shows that Ali group has already obtained the "double eleven" registered trademark. Authorized by Alibaba group, Tmall has the exclusive right to "double eleven" trademark and is protected by law. It is requested that the major media should not issue promotional advertisements with "double eleven" for other e-commerce enterprises.

Although the battle of mouth, but Jingdong, Suning and other electricity providers are quietly responding.

Yesterday, the "double eleven" word on the Jingdong website has been replaced by "11. 11" and Suning has changed its slogan.

"This trick is too tough, we need to know that at that time our promotional films and advertising pictures are basically fixed!" the market participants of an electric business company who were involved in the storm told reporters that the media basically received the letter from Ali at the end of October, and then told them that the ads with "double eleven" logo could not be on, which made them "very passive" for a while.

Suning.com responsible person also told reporters that they were forced to make a temporary adjustment, advertising theme from the original "challenge eleven" to break the 50 percent off - Suning second O2O Shopping Festival temporarily changed to "genuine super province - Suning second O2O Shopping Festival".

"We have applied for" double eleven "trademark very early.

Yesterday afternoon, an Alibaba official told reporters.

18 o'clock last night, Ali side

On the official micro-blog's voice, the opponent said he wanted to hype, "to make the festival a good day to attack his opponent for the sake of his own website."

More than that, Ali also used ridicule tone to give this matter a popular word "meet porcelain".

Yesterday afternoon, the reporter entered the website of SAIC. After entering "double eleven" in the column of "trademark inquiry", it was found that "double eleven", "double eleven double 11", "double eleven 11 11" and "double eleven Carnival" have been registered as trademarks by different enterprises.

Among them, Ali has registered "double eleven", "double eleven Carnival", "double eleven online shopping Carnival Shopping Festival" and the "double 11 online shopping Carnival" in digital form, which are registered in thirty-fifth categories, thirty-eighth categories and forty-first categories.

Wang Hao, general manager of Beijing times intellectual property company, told reporters that according to the contents of the trademark law, trademarks were classified into 45 categories according to their different uses. In the dispute between Ali and Jingdong, the most important ones were thirty-fifth categories involving sales services, including "displaying goods for the retail purpose in the communication media".

And a "double eleven" trademark that Ali has applied for is exactly the thirty-fifth category. The website information shows that the trademark was applied in November 1, 2011 and completed the application in January 17th last year.

However, Wang Hao said, on the one hand Ali applied the "double eleven" trademark is the fact, but this does not mean that the Jingdong, Suning will be infringed, "Jingdong and Suning can also carry out the defense."

It is reported that, according to the contents of the trademark law, if an enterprise considers that the trademark is invalid after the application of the trademark is completed, it may apply to the Trademark Review and Adjudication Board of the General Administration of industry and Commerce for declaring the trademark invalid.

"There are two situations that apply to this."

Wang Hao said that if the other party before the application for trademark, before November 1, 2011, this term has been widely used in the industry as a general language, and has caused some influence. The other case is the application enterprise itself to produce evidence to prove that the enterprise itself used the term before the other party applied for the trademark.

In 2009,

For the first time, the "double eleven" Shopping Festival was put forward.

After that, more and more electricity providers joined in, and evolved into the carnival of the whole domestic electricity supplier industry today.

Wang Hao said that Ali applied for the "double eleven" trademark, reflecting the progress of Internet Co's awareness of intellectual property protection in China. "In the past, people may feel that the" x x "brand printed on the product is a trademark. In fact, words other than general language can be used as trademarks, such as" Lining "and" 555 "figures.