(By You Yunting) According to the news, Alibaba Group, an Chinese e-commerce that provides consumer-to-consumer business-to-consumer and business-to-business sales services via web portals, has already obtained the registration of the trademark “双十一” (meaning “double 11”, actually the date of November 11th) (the “disputed trademark”) and authorized its affiliated Tmall.com to the exclusive use of the disputed trademark. Moreover, Alibaba delivered letters to various news media arguing that the JD.com’s use of “双十一” infringed the rights of its trademark. However, JD.com, one of the largest B2C online retailers in China by transaction volume, replied that the date of “November 11th” has already became a shopping day for all retailers and Alibaba’s registration on the “双十一” is accused of having the monopoly. Actually, Sunning Appliance, Gome and Amazon have suffered such impacts as well as JD.com.
(By You Yunting) “疯狂来往” App, an in-game of China’s leading e-commerce Alibaba(NYSE: BABA)’s Messaging App Laiwang, was blamed for user’s private data leakage, according to the news. “疯狂来往” App (pronounced as “Feng Kuang Lai Wang”) was made to record players as one persons holds up a mobile device displaying words and others use gestures to provide clues to an answer, a little like guessing game. Considering that “疯狂来往”App is an interactive game among friends and acquaintances, many of the players were dressed rather casually when caught on the videos and some videos shows users in their underwear or naked while playing the game at home with family or friends. Worsen the videos also involved private information of teenagers under eighteen. Regardless of its sharing features into social networking websites such as Wechat and Qzone, some sharing videos were also automatically stored on Youku.com, a video website, which anyone can read online.
By You Yunting
Taobao.com is the biggest e-commerce website in China, it is mainly engaged in platform providing rather than doing the business itself. Therefore, all the products sold on it were by third parties, and its platform could be divided into Taobao market and Tmall. In last month, Jack Ma, CEO of Alibaba Group, published the annual total turnover of Taobao.com will supersede the sum up of eBay (NASDAQ: EBAY) and Amazon (NASDAQ: AMZN) (note: the link is in Chinese). However, on the other hand, with the increasing of the transaction, the risk of intellectual property of the website is also growing, and in fact, we have seen it on the list of notorious market by USA government. In the mean time, considering the strengthened strike on infringements on Taobao.com, the website has been judged for joint liability in dozens of cases. Today, we would like to analyze the judgment of e-commerce’s legal liability by Chinese courts with 2 established cases.
—Analysis on the Possible Legal Countermeasures against Attack on Tmall
Highlights: Tmall is facing the attack from its small merchants for the dissatisfaction on the ons side increase on the annual fee. We would like to analyze the possible legal measure Tmall may take to combat such attack.
Recently, many merchants of Tmall, a subsidiary of the biggest China e-commerce company Alibaba Group, attacked the big merchants on that platform for the upsetting on the higher annual fee with a flood of fake orders and regulatory products return leading to the cripple of the brand sites.