In March, the leading domestic industrial recorder enterprise
Hangzhou Pangu Automation Systems Co., Ltd. ("Pangu
found that searching on www.baidu.com
百度公司) for "Pangu
recorders (in Chinese)" etc. returned results heading
"Pangu recorder professional manufacturer Hangzhou Mengkong
(in Chinese)", and clicking the link leads to the website of
Hangzhou Mengkong Instrument Technology Co., Ltd.
Pangu Ltd. has registered the mark " (PG Device and PANGU and Chinese
characters)" with Reg. No. 1981239 in respect of integrated
instruments and industrial automation systems back on October 14,
Pangu Ltd. then sued Mengkong and Baidu in the Binjiang
People's Court of Hangzhou City, Zhejiang Province for
trademark infringement and unfair competition among other claims.
Mengkong claimed no infringement or unfair competition, for
"PANGU" is not a trademark owned by Pangu Ltd. whose
registration is on the combination of PG Device and PANGU and
Chinese characters. Baidu's defense was that it was merely
providing digital search support to Mengkong, and that Mengkong
signed a service agreement clearly prohibiting keywords that would
infringe intellectual property. Since Baidu promptly removed the
links after being notified of the infringing content, it argued
that it should not bear any liability.
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