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According to the China Judgment Document Network, on December 30, 2020, Ele.me affiliate Lazars Network Technology (Shanghai) Co., Ltd. sued Ele.me Catering Management (Beijing) Co., Ltd. for trademark infringement. The first-instance civil court verdict was made public.

The court verdict showed that Ele.me should immediately change its business name, and the changed business name must not contain the same or similar words as "Ele.me", and compensate Ele.me 10,000 yuan.

Court verdict

The court ruled in accordance with Article 58 of the Trademark Law of the People’s Republic of China, Article 6 (4) of the Anti-Unfair Competition Law of the People’s Republic of China, and Article 17 (3) as follows:

First, Ele.me shall immediately change its business name on the effective date of the judgment, and the changed business name shall not contain the same or similar words as "Ele.me";

Second, Hungry will compensate Lazars 10,000 yuan for the reasonable expenses of network technology within ten days from the effective date of the judgment;

Lazars:

"Hungry" clings to goodwill, causing public confusion

According to the Tianyancha APP, Lazars Network Technology (Shanghai) Co., Ltd. (hereinafter referred to as "Lazars") is an operating company of Ele.me.

At the trial, Mr. Lazars said the company had founded Ele.me in 2008, a local lifestyle platform that specialises in online food delivery, new retail, instant delivery and the catering supply chain. Ele.me, the company’s core business, had grown over the years to reach 2,000 cities across the country by June 2017, with 1.30 million restaurants and 260 million users.

In order to protect the good reputation of its products and services and safeguard its legitimate rights and interests, the company has applied for the registration of numerous trademarks, covering categories of goods and services including Class 9, Class 35, Class 42, and Class 43.

The company said that after years of use and promotion, the "Ele.me" series of trademarks has gained a high reputation and influence in the food service field. "At the beginning of our company’s establishment, we chose the mobile client side application software as the platform for providing services. Our company’s’Ele.me ‘mobile application software was officially released as early as 2012, and as our company’s market share and scale continue to expand, the influence of our company’s trademark is also increasing."

However, the company found that "Hungry" used "Hungry", which is highly similar to the "Ele.me" trademark, as a business name registration, "with subjective malice to cling to our company’s goodwill. Their business name has caused confusion to the relevant public, and their behavior constitutes unfair competition."

Are you hungry?

The company name has been approved and registered according to law, but it has not actually operated

However, Ele.me argued in court that the company’s business name was approved and registered in accordance with the law, and that the company did not actually operate after registration. The company pointed out that the "do" of "Ele.me" is different from the "do" of "Ele.me". The pronunciation is also different, and the glyph is different, which does not constitute a similarity. Therefore, the company asked to dismiss all of Lazars’ claims.

Why is the company named "Hungry"? To this end, the Red Star Capital Bureau called the company today. However, when the other party knew the purpose of the visit, they hung up the phone.

Tianyancha APP shows that hungry was established in December 23, 2016, the registered capital is 1 million RMB, the registered address is Beijing Economic and Technological Development Zone, Beijing, its industry belongs to the business service industry, business license registration business scope includes catering management, sales of handicrafts, edible agricultural products, daily necessities, electronic products, machinery and equipment.

The court inquiry found that Shan Lijun, the legal representative of Ele.me, served as the legal representative of 100 companies, some of which contained high-profile logos such as "Citi", "Standard Chartered" and "Alibaba Cloud" in their corporate names.

In response to the above situation, Shan Lijun did not provide a reasonable explanation for this during the trial, only indicating that none of the above companies were actually operating and that they did not actually contribute capital.

Judgment:

Compensation for Zaras 10,000 yuan, "Are you hungry" has been changed twice

In this regard, the court held that the series of trademarks in this case were registered first, and the defendant’s font number "Hungry" was very similar in shape, pronunciation and meaning to the plaintiff’s registered trademark, so it should be recognized as a similar logo. The defendant registered "Hungry", which was very similar to the plaintiff’s registered trademark, as its registered corporate name, with obvious subjective malice, which was objectively prone to market confusion and constituted unfair competition.

Red Star Capital Bureau noted that the judgment was handed down on May 29 last year, and on September 8, 2020, Ele.me changed its name to "Ele.me Catering Management (Beijing) Co., Ltd." and on November 19, 2020, it was renamed "Beijing Yushanfang Staple Food Kitchen Co., Ltd.".

On May 31st, the Industrial Internet Platform + Park Empower Deepin Bank (First Station · Wuhu) Conference was grandly held. With the support of the Information Technology Development Department of the Ministry of Industry and Information Technology, this event was sponsored by the China Institute of Information and Communications Technology, the Anhui Provincial Department of Economy and Information Technology, and the Wuhu Municipal People’s Government. Local industry and information departments, subordinate institutions, industry experts, and representatives of leading enterprises attended the meeting.

Ningbo, mayor of Wuhu City, said that Wuhu City will based on the existing foundation, further promote the work of the Industrial Internet + Park, strengthen the platform to empower the development of the park, and contribute to the development of the Yangtze River Delta and even the national industrial Internet.

Yu Xiaohui, President of China Academy of Information and Communications Technology, proposed that the platform + park has great potential for development, and the China Academy of Information and Communications Technology will continue to play the role of a think tank, jointly promote the cultivation of benchmark parks and the construction of demonstration parks, and contribute to the in-depth development of the national platform + park work.

Ke Wenbin, deputy director of the Department of Economics and Information Technology of Anhui Province, said that Anhui Province is gradually forming an all-round platform empowering system, will actively implement the relevant deployment of MIIT, and actively carry out the promotion of platform + park in the province.

At the meeting, the China Academy of Information and Communications Technology introduced the preliminary results of the "Industrial Internet Platform + Park" implementation guide, and Cao Xiaoming, director of the Wuhu Economic Development Zone Management Committee, introduced the promotion mode, effectiveness and next steps of the "Platform + Park" work. Subsequently, representatives of the three enterprises shared the practice of "Platform + Park", and representatives of various ministries and institutions introduced the experience of "Platform + Park" work in turn.

Wang Jianwei, deputy director of the MIIT Information and Development Department, concluded and pointed out that it is necessary to build a new type of infrastructure for the digital "three links and one integration" of the park, that is, "data, technology, channels, and resource integration". Build a "2 + 3 + N" working system, promote the implementation guidelines and evaluation standards of "platform + park", carry out pilot demonstration cultivation, process dynamic monitoring, and comprehensive evaluation of results, and continue to hold in-depth activities to promote the implementation of the industrial Internet platform in the park. Empower.

At the meeting, Xie Discipline, a second-level researcher from the Department of Information and Development of MIIT, and Zhou Wei, director of the Wuhu Economic and Information Bureau, attended the meeting and delivered speeches.

The Electronic Standards Institute introduced the "platform + park" standard promotion idea. Six dual-cross-platform enterprises shared themes to explore the path and model of platform + park development.

The Industrial Internet Platform + Park Empower in-depth activity has been officially launched. In the next step, all parties will work together to jointly promote the digital development of regional industries and actively promote the development of industrial Internet platforms to a new level.

Feature: "The King of Big Talk" Andy Lau

　　
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Andy Lau is interviewed

　　On the evening of August 28, 2009, Andy Lau, the king of heaven, appeared at the Hangzhou Grand Theater with his "son" An Dou and Hei Zai "a family of three" to record a program for Zhejiang Satellite TV. This was the first appearance of Andy Lau after his public love affair with Zhu Liqian. At the recording site of the program, Andy Lau also danced Latin dance with Zhu Dan, the head of Zhejiang Satellite TV, and invited him to be the performing guest of his concert. Posted by China News Agency, photographed by Jinyunguo, Wenling

　　China News Service, September 21, on the occasion of the premiere of "The Founding of the People’s Republic" in Hong Kong, Andy Lau, who had a month off, made his debut yesterday. Andy arrived at the venue at 7:45 pm wearing a gray Mao suit. Ta Kung Pao reported that nearly 100 fans showed up outside the premiere venue to support, including from Chongqing, Chengdu and other places. Fans also held up banners saying "Accompany you for a lifetime and support you forever"; however, the number and momentum seemed to be lower than before. When Andy arrived that night, fans kept screaming, and Andy also smiled and was in a relaxed mood.

　　The conference specially borrowed wax statues of Mao Zedong, Zhou Enlai and Deng Xiaoping from Madame Tussauds, and placed them on the spot for guests to take pictures. Andy took a group photo with the wax statues of the three leaders. Later, in an interview with the media, he mentioned that there were many fans at the scene, and Andy said that of course he was happy. Asked if he was nervous? He said: "I’m not nervous, why are you nervous? (I haven’t seen fans for a long time?) I often see them." Asked if he was still troubled? He said: "Nothing." September 27 is Andy’s birthday. He said that he will hold a birthday party with fans this year, and he will do it every year.

　　Will communicate privately with fans

　　This time Andy Lau only had one minute in the play, and Andy smiled and said: "This time I just came to see how many shots there are. In fact, I only shot for two days before." When asked about his one-month break, what are his plans for the future? He said: "I think about national affairs and the 60th anniversary of the National Day." He pointed out that the work had been arranged early in the morning, and there were no special changes. Asked if he was going to prepare for artificial insemination to give birth to BB? Andy immediately said: "Don’t ask these questions." Regarding Yu Kexin’s auction of their engagement object, Andy smiled and said: "I’m sorry I don’t answer." Asked if he had congratulated Miriam Yeung on her wedding? Andy said that he had not seen the other party. A reporter pointed out that Miriam was tired of him, and he said: "No. (Will I apologize to Miriam Yeung?) Don’t answer these. (Will you make up for the wedding wine?) No answer. "

　　Andy said that he has received birthday gifts now, what is it that he does not want to talk about. Asked if he felt that fans treated him differently before and after what happened? He said: "These are things between me and them, and I will communicate with fans." Does he feel that there are too many supporters? He said that it has always been like this. Later, Andy gave an interview to the electronic media and praised the film for talking about Chinese history, which is a good teaching material. Talking about the fans’ support, Andy expressed his gratitude for their support over the years. He felt touched and warm, and said that he was even more jealous.

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