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The following article was published in our article directory on April 12, 2011.
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Article Category: Business
Author Name: xia zihui
34 million Internet users worth? 40 million yuan or 1000 yuan?
The problem originated in "true happy nets" legal disputes, and be yesterday announced the focus of dispute both sides.
In "true happy nets" battle between the plaintiff is sina former executives ChengBingHao March 2008 to create happy nets (kaixin001. Com), by Beijing happy person information technology Co., LTD, operation, and the accused another happy nets (kaixin. Com) was established in October 2008, sponsored by companies operating corp. In May 2009, kaixin001. Com to court, sued kaixin. Com aspects of unfair competition, core appeals to stop the infringing except apology outside, still claim 10 million yuan.
October 26, core points verdict is made to happy nets aspects sponsored compensation economic loss 40 million yuan RMB, and shall not use with "happy nets" the name of the same or similar.
But as the prevailing party, happy nets trial, but still decided to appeal the core is decision was set aside by the appeal square in kaixin stop using "sponsored domain name, and j com" adjudged sponsored the appellant economic losses in compensation for $10 million.
Yesterday in the second trial, both sides is that the focus of dispute ended the first prosecution, has been transferred to appeal party sponsored 34 million of its everyone nets registered users, if everything belongs to happy nets, while its value calculation that way.
Happy nets aspects of Beijing lang attorney, new LiYunDe lawyer thinks, because there are two happy while nets, lead to misunderstanding, so if the user without "false happy nets," then all happy nets users should belong to "really happy nets". And every Internet user value calculation formula is in accordance with the advertising revenue and registered users that XiangChu. Happy nets, according to figures released by the end of August 2009, winning altogether advertising sales income nearly 3448 thousand yuan, and its registered users about for 5345 million, integrated calculate down, the plaintiff won every user cost about $0.64, then educes 10 million of claim request. "Now we count down the cost of each user has been close to two yuan."
But the court support Beijing LiWenNa British island law firms such as the defense attorney view that although Chinese name exists, but the Internet domain name successively registered in kaixin. Com is, so should not stop before kaixin. Com use, and happy in the related to submit net media reports have "the nets" sponsored happy, therefore, the actual exist able to distinguish between the two suspects "happy nets" network users. In addition, the calculation formula appeal party, so the court without calculating cost shall also support.
Eventually, all five appeal party appeal by the Beijing municipal court rejected, the higher people's court ruling. LiYunDe tells a reporter, will communicate with happy nets to decide after the Supreme Court filed complaints.
However, everyone nets and happy in the United States this year will net listed. A social network insiders told reporters the legal dispute, the Internet a lot, but it is very difficult to define, and now the two companies are very big impact, micro Po's lawsuit, "with one hand if, litigation can cause investors and the user's attention. On the one hand in paying again the protection of intellectual property rights the United States, can strike your opponent listed."
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