The giant search engine, Google, began to use the Chinese name 谷歌 in 2006 and established its subsidiary company named Google Information Technology (China) Limited Company(hereinafter Google China). Unexpectedly, a short time after the use of the Chinese name 谷歌,someone set up a company in Beijing using the name 谷歌. The company was called Beijing Guge (谷歌) Technology Co., Ltd (hereinafter referred to as Beijing Guge), and the registration was approved by the Beijing Administration for Industry and Commerce.
Due to the conflict of using the same name 谷歌 as the trade name, Google China brought the case to the Beijing 1st Intermediate People’s Court and alleged that the use of 谷歌 by Beijing Guge constituted trademark infringement and unfair competition. Upon review, the court found that the trade name of 谷歌(Google)enjoys a high reputation. The use of 谷歌 by Beijing Guge was intentional and was not authorized by Google China. Clearly it will lead to confusion among relevant public. The court concluded that the registration by Beijing Guge was a willful act and constitutes an unfair competition.
The court issued an order that Beijing Guge should no longer use the name 谷歌 and should apply for removal of the name 谷歌. Additionally, Beijing Guge should pay to Google China for the losses and legal cost of 100,000 Renminbi yuan.