Domain name dispute

The Alibaba Group won a domain name dispute case when the Asian Domain Name Dispute Resolution Center (ADNDRC) ordered the defendants to transfer the domain names alibabagroup.com, alimamagroup.com, alimamanet.com and alimama.info to Alibaba.

Alibaba had registered the alibaba trademark in some countries, and it had become a well-known online business-to-business marketplace since its foundation in 1999.

The other plaintiff, Alimama Co, is a wholly owned company of Alibaba, and it registered the alimama trademark after its foundation in 2007.

The plaintiff claimed that the four domain names, which were registered by the defendants in 2007, had led to consumer confusion.

Soft drink dispute

Chongqing-based Tianfu Cola Group Co has sued US-based PepsiCo's China operations for illegally using its technology.

The case was formally accepted by Chongqing No 5 Intermediate People's Court and heard by the court on October 28.

"We have to take such action," Li Peiquan, the founder of Tianfu Cola, said on Nov 3.

"If we can succeed at this stage, our goal for the next step is to seek our trademark of Tianfu Cola," Li said.

In 1994, Tianfu Cola signed a contract with PepsiCo China Investment Co Ltd to develop Chongqing Pepsi-Tianfu Beverage Ltd Co as a joint venture.

The lawsuit said the investment did not include the process technology or brand.

"The Tianfu Cola brand has never been transferred to Pepsi," Li said.

"We just allowed the joint venture company to use it under certain conditions, not the ownership for the brand," Li said.

Pepsi had no comment on the pending case.

Google scans

Officials with the US-based Internet search engine Google admitted to having scanned more than 20,000 books under Chinese copyright protection, authorities said.

The world's largest Internet search engine has been in negotiations with China's copyright watchdog regarding scanning works for its online library without permission.

"They still emphasized the Chinese books they scanned are from US libraries, and some of them are available for public use," said Zhang Hongbo, deputy director of the China Written Works Copyright Society (CWWCS), which manages China's copyrights for written works.

"But they also admitted at least 20,000 books are still under China's copyright protection," Zhang said.

Earlier this month, CWWCS officials said at least 18,000 books from 570 Chinese writers had been scanned by Google, and added that the authors had not been informed or paid.

Trademark case

Shanghai Kappa Sporting Goods Ltd, holder of the registered Kappa trademark, sued Beijing Jingtailong Trade Co and Beijing Tianchao Warehouse Supermarket Co, for trademark infringement in Beijing No 2 Intermediate People's Court.

The plaintiff said it had registered its Kappa trademark in China and filed the case after discovering counterfeit Kappa products for sale in Jingtailong and Tianchao stores.

Kappa asked for an injunction and 300,000 yuan in damages from each defendant. The case is pending.

Expo IP protections

The Law Affairs Section of Shanghai Expo 2010 and the Intellectual Property Rights Committee of the China National Lawyer's Association signed a "Cooperative Memorandum on IP Protection and Services at the Shanghai Expo 2010".

According to the memorandum, the lawyer's association committee will actively mobilize and organize IP (intellectual property) lawyers throughout China to provide volunteer IP services for the Shanghai event.

The lawyers will forward suggestions for pre-planning purposes, provide consultation services for organizers, and assist organizers to investigate and solve IP disputes.

The lawyers also will enlist their peers to publicize IP protections, according to the agreement.

(China Daily 11/16/2009 page9)