Jiujiuya is a well-known snack food brand. On October 6, 2018, the plaintiff Zhejiang Dingyu Food Co., Ltd. (Hereinafter referred to as Dingyu Company) acquired the ownership of the two trademarks of "Jiujiuya", i.e., trademarks No.11410489 and No.9286074 of Shanghai Dingyu Food Co., Ltd.

The plaintiff, Dingyu Company, complained that the defendant, Hangzhou Pinfeng Technology Co., Ltd. (Hereinafter referred to as Pinfeng Company), without the authorization of Dingyu Company, used the trademark similar to the "Jiujiuya" trademark of Dingyu Company in its china.globrand.com website for joining publicity without authorization, causes public to mistakenly believe that the joining information was released by Dingyu Company or that there was a specific connection between Dingyu Company and Pinfeng Company, which infringed the plaintiff's exclusive right to use registered trademarks. Therefore, Dingfeng Company filed a lawsuit with Gongshu Court, requesting that the defendant Pinfeng Company is ordered to stop the infringement immediately and compensate for the economic losses and the cost of safeguarding rights totaling 200,000 yuan.

The defendant Pinfeng Company argued that Pinfeng Company is only the operator of the network platform, but not the publisher of information, meanwhile, Pinfeng Company did its duty of care in advance, provided the identity information of information publisher, also did its duty to delete afterwards, so Pinfeng Company should not bear the responsibility of compensation. Moreover, the defendant's website information is consistent with the plaintiff's actual information, which does not constitute false propaganda.

After hearing the case, the court held that there were two points of contention in the case: first, whether the defendant constituted infringement of trademark right; second, if the defendant constituted infringement of trademark right, how to bear the civil liability of the case and how to calculate the amount of damages.

After the court explained the legal relationship, the two parties finally reached a mediation agreement on the case under the auspices of the court.

Finally, the judge of the case pointed out that: registered trademarks are the intangible property of the trademark owner. In recent years, some joining websites, in order to increase the number of views and obtain joining fees, have published joining information for publicity in the name of the trademark owner without the trademark owner's permission, or have used trademarks similar to the registered trademark without permission, making the public mistakenly believe that they are the official joining channels of the trademark owner, thus causing the trademark owner to suffer losses and also damaging the reputation of the trademark owner. Legally, this practice belongs to the use of the same logo as the registered trademark on similar goods, which may easily lead to confusion or misunderstanding of the source of the goods or services or the relationship between the website and the enterprise by the relevant consumers. The joining websites, if not the actual information publisher, should still be held liable for infringement if they, as network platform operators, fail to exercise reasonable scrutiny and attention.