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Hongrenyuan, a Chinese private enterprise, sued Microsoft for "e" trademark infringement

release date: Source: China Packaging editor: Yu Jia browsing times: 13442 copyright and disclaimer

core tip: 10 browser icons of Microsoft windows were sued for trademark infringement, which may be a "ant and elephant" war. In order to safeguard the legitimate rights and interests of the exclusive right to use trademarks, no matter how tortuous the road is, it is of historical significance to take this step

[China Packaging News] Microsoft Windows 10 browser icon was sued for trademark infringement, which may be a war between "ants and elephants". In order to safeguard the legitimate rights and interests of the exclusive right to use trademarks, no matter how tortuous the road is, it is of historical significance to take this step

in December 2017, Hangzhou Xihu District People's court accepted the case of Zhejiang hongrenyuan e-commerce Co., Ltd. (China packaging) suing Microsoft (China) Co., Ltd. and its sales agent Hangzhou Geli Technology Co., Ltd. for infringement of its exclusive right to use its e registered trademark

why should Chinese enterprises Sue multinational companies and their sales agents

it is understood that Zhejiang hongrenyuan e-commerce Co., Ltd. is a high-tech enterprise specializing in Internet information services, e-commerce, station construction and maintenance, software development and sales, and packaging talent exchange. It is a leading enterprise in the domestic packaging industry, collection industry station operation and related software development. It has many well-known industry stations, such as China Packaging (), China collection (), packaging e city (), EPS e-commerce (), and China Packaging talent (). In February, 2013, the founder Mr. Gong Jingqiang reorganized his China packaging, China collection and other station platforms, and hongrenyuan company designed a new trademark "e". From the perspective of the letter combinations C, edge and h, C stands for China English, and EDG English can be interpreted as "edge" and "advantage". The whole icon is sharp, dynamic, dynamic, round and beautiful. H is the first letter of Chinese Internet Pinyin, and H is also the first letter of hongrenyuan Pinyin. The pictographic Chinese 'mutual' of the graphic trademark means interconnection, interconnection, which means China's advantageous Internet enterprises, and also reflects the desire of Internet technology innovation and industry frontiers to provide first-class services to customers by using Internet technology

soon, Zhejiang hongrenyuan company registered the e trademark. On March 17, 2014, the National Trademark Office accepted the application for registration. The application/registration number is, and the international classification is category 42. The first trial announcement was made on July 27, 2015, and the registration announcement was made on October 28, 2015

in 2014, Zhejiang hongrenyuan company fully launched the E-MARK and continued to do a lot of publicity and promotion work. For example, the "China Packaging Yearbook" published in April 2014 put two full page color page advertisements. In 2014, the total output value of China's packaging industry exceeded 1.5 trillion yuan, and the publicity and advertising in the "China Packaging Yearbook" has a great influence; In March, 2014, he made a full page color page advertisement on the cover of China packaging information magazine of China Packaging Federation; In October, 2015, he made a full page color page advertisement on the cover of packaging · e-commerce magazine of China Packaging Federation; Since 2014, he has participated in more than 10 large-scale exhibitions and distributed hundreds of thousands of foldouts of hongrenyuan company with e trademark; In the 1470 tons of HDPE products produced by Internet, e trademark has been used countless times with Zhejiang hongrenyuan company and China packaging and packaging e city. Through years of publicity and promotion, the e trademark has become the symbol of Zhejiang hongrenyuan company and China packaging, and has gained great popularity and brand influence in the fields of software development and sales, station construction and maintenance, and the brand value of the trademark is immeasurable

on April 30, 2015, more than a year after Zhejiang hongrenyuan company fully launched the E-MARK, Microsoft announced at the build 2015 developer conference held in San Francisco (USA), that its latest operating system, windows 10 Evonik, had developed a new special molding composite: Plexiglas high gloss NTA (5) a new browser with the built-in code of "project Spartan" was officially named "Microsoft edge". The graphic symbol is, e, which is built into the windows 10 version and is exclusive to windows 10. On August 26th, 2015, Microsoft center and Sina digital released information on that 75million devices have been installed with windows 10. On September 27, 2016, system home reported that the installed capacity of win10 system officially exceeded 400million. On May 10, 2017, at the build 2017 developer conference, Microsoft CEO NADELLA announced that win10 has more than 500million active users worldwide. At the end of September 2017, it exceeded 575million. According to foreign media CNET, according to geekwire's data, the installed capacity of Microsoft's windows 10 has exceeded 600million by the end of 2017, which means that the "Microsoft edge" browser with e icon has been installed into 600million computers, and the trademark right of hongrenyuan (China packaging) has also been infringed 600million times

the e icon used in Microsoft's latest browser is highly similar to the e trademark of Zhejiang hongrenyuan company, which will cause confusion among ordinary consumers in the Internet and software industries. After the completion of e design, Zhejiang hongrenyuan company applied for e trademark registration and used the mark in many fields online and offline. Microsoft launched the e logo on the Microsoft edge browser and used it in the same service category as the 42 categories approved to be used by the e registered trademark of Zhejiang hongrenyuan company, and sold a large number of browsers with the e logo in the Chinese market, which infringed the exclusive right of the e registered trademark of Zhejiang hongrenyuan company. In addition, e is also an artistic font, and Microsoft actually infringed the copyright of the works of Zhejiang hongrenyuan company

Chinese Mainland has the world's largest computer and Internet users. In view of the infringement of Microsoft's browser with e logo, it has greatly diluted the significance of the e trademark of Zhejiang hongrenyuan company and seriously damaged the brand value of the e trademark

as a man of the moment in China's e-commerce, one of the founders of China Internet, and the founder of China packaging and China collection, Gong Jingqiang said that Zhejiang hongrenyuan is still a relatively small private enterprise compared with Microsoft. He described this lawsuit as "the struggle between ants and elephants". In fact, as a Chinese private enterprise, it should be more confident that private enterprises are the pillars of China's economy, It is the main force of China's reform and opening up. 2. Fatigue testing machine can imitate various environments in China. Zhejiang hongrenyuan is also a well-known technology enterprise in the field of information economy. The first defendant Microsoft (China) Co., Ltd. is a wholly-owned subsidiary of Microsoft (USA) Co., Ltd. in Chinese Mainland and the actual operator of Microsoft business in Chinese Mainland. The second defendant Hangzhou Gaili Technology Co., Ltd. is a seller of infringing products. In order to safeguard its legitimate rights and interests, Zhejiang hongrenyuan company filed a lawsuit to the court in accordance with the law, requesting the two defendants to immediately stop the infringement

according to the normal process of civil litigation, the court will hear the case in the next few weeks

relevant links to pay attention to the case:

1. China packaging was founded in September 1999 and joined the World Packaging Organization as a governing unit in 2003. In 2005, he served as the director of the information management center of China Packaging Federation. In February, 2013, China packaging was reorganized and subordinate to Zhejiang hongrenyuan e-commerce Co., Ltd. China packaging is an e-commerce public platform engaged in creating and maintaining stations for others, computer software design, computer hardware design and development consulting, and Internet information services. So far, China packaging platform has more than 530000 enterprise members and released more than 72.65 million supply and demand product information. From 2003 to 2011, it was ranked among the top 100 e-commerce companies in China for eight consecutive times, and from 2006 to 2009, it was selected into the top 10 e-commerce companies in Zhejiang Province

from 2009 to 2012, China Packaging became the e-commerce development base of Jinhua City, and was awarded the 2009 Jinhua integrity business station for many times. In December 2012, it was awarded the "first batch of provincial key e-commerce third-party platforms" by the Department of Commerce of Zhejiang Province. In the same period, there were 17 enterprises such as Alibaba. In September 2012, the enterprise and its chairman gongjingqiang were rated as "top ten excellent enterprises" and "top ten leaders" of Jinhua e-commerce respectively. In 2014, he served as the executive deputy director and Secretary General of the e-commerce Committee of China Packaging Federation. [in 2014, the new version of China packaging, with "portal new media" as the new main concept, was launched. In the same year, it was the first choice to be shortlisted in the first batch of key e-commerce third-party platforms in Zhejiang Province. In December 2014, the public trading platform on "packaging e City" was listed in the first batch of national modern service industry comprehensive pilot projects. In early 2016, chairman Gong Jingqiang was rated as one of the top ten e-commerce leaders and "2015 outstanding entrepreneur in China's packaging industry". In October 2017, Zhejiang hongrenyuan e-commerce Co., Ltd. was listed as the "2017 national public service demonstration platform for small and medium-sized enterprises" by the Ministry of industry and information technology

after 19 years of development, China packaging has become a leading industry portal in China

in 2014, the e-commerce trading platform of "packaging e city" was launched, creating a precedent for e-commerce trading platforms in packaging and related industries. At the request of the e-commerce Committee of China Packaging Federation, Zhejiang hongrenyuan e-commerce Co., Ltd. relies on the difficult measures of China's packaging resources to promote enterprises from touch to electric shock. The "packaging E-City" trading platform integrates B2B, B2C, C2C and other e-commerce modes, establishes a sincere and rigorous enterprise and transaction credit system, and makes payment convenient, making every effort to provide convenience for industry enterprises to carry out e-commerce transactions

2. China collection was founded in 2006, with collection fraternity, painting and Calligraphy Academy, art trading center, art appraisal center, art training center, China collection magazine department, exhibition center and other institutions. After more than ten years of development, Zhonghua collection has been honored as the "top 100 e-commerce stations in China's industry" for five consecutive years, and it is the only selected unit of culture, art and collection stations. In 2009, it was awarded Jinhua e-commerce application demonstration enterprise and Jinhua e-commerce entrepreneurship demonstration enterprise. In March 2010, it was awarded Jinhua top ten e-commerce application platforms. In October 2015, the China collection art trading platform was listed as a comprehensive pilot project of the national modern service industry