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Chinese machinery and Alibaba court for the real name network

Heady Alibaba in Hangzhou recently a lawsuit. The reporter learned yesterday, on suspicion of breach of contract, the largest portal China mechanical machinery network (www.jx.cn) a paper book will be Alibaba's YAHOO 3721 company to court, and both sides of the focus is on "Taobao" this is the real name network. Hangzhou intermediate people's court has formally accepted the case.

Network is Chinese addressing service was still a 3721 subsidiary of YAHOO pioneered and popularized, the completion of the merger in the Alibaba and YAHOO, the Alibaba took over. Currently covering more than 90% of Internet users in the country, the average daily use of more than 80 million people, is the largest Chinese Internet access.

Yao Zhipeng, general manager of China machinery network, said in an interview with the morning paper reporter, said: Alibaba will be court because of its 3721 did not fulfill the contract, unilaterally stopped the real name of the mechanical network services."

At the beginning of September, 3721 fax China machinery network, said mechanical network using the network real name "Taobao" was a violation of the Alibaba's another company "equity taobao.com", then stop the service name. And the name of the registrant changed to Alibaba (China) Network Technology Co., Ltd., on the grounds that Taobao in July 28, 2005 registered the taobao.com trademark.

Yao Zhipeng is deeply puzzled, the Alibaba Taobao domain access is (www.taobao.com), but in Taobao before the birth of 2004, Chinese machinery network has 3721 registered "Taobao" network, and by 3721 "buy 3 get 1 years" promotional activities will be extended to September 2009 years, to facilitate the trading of second-hand machinery the user. Visitors simply enter the Taobao, you can directly access to its second-hand machinery trading platform.

He said that China has been to the mechanical network of Hangzhou notary office for evidence preservation. If the Alibaba does not return Taobao real name, they will fight to the end.

Hangzhou lawyers association information network and intellectual property rights, said Yuan Shimin, director of Specialized Committee, China has not yet been a network of real name as the object of legal norms. However, the right to use the real name of the network is based on the contract between the company and the 3721 companies, and does not violate national laws and regulations, should be protected according to law. The 3721 companies will be registered to the network real name to the behavior of others without the consent of the Chinese machinery network, is not authorized by law, in violation of the agreement, in violation of the principle of fair trading network, honest and trustworthy, in violation of the "civil law" and "Anti Unfair Competition law.

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