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No.8 of First Group of Ten Model Cases Involving Internet Published by the Supreme People's Court: Nanjing Shangju Decoration Engineering Co., Ltd. v. Nanjing Feiriqiang Decoration Engineering Co., Ltd. (Case about disputes over infringement upon copyright and false publicity)
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最高人民法院发布第一批10起涉互联网典型案例之八： 南京尚居装饰工程有限公司诉南京飞日强装饰工程有限公司著作权侵权、虚假宣传纠纷案
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【法宝引证码】
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- Type of Dispute：
IPR--＞Unfair Competition
- Legal document：
Judgment
- Judgment date：
09-18-2017
- Procedural status：
Trial at First Instance
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No.8 of First Group of Ten Model Cases Involving Internet Published by the Supreme People's Court: Nanjing Shangju Decoration Engineering Co., Ltd. v. Nanjing Feiriqiang Decoration Engineering Co., Ltd. (Case about disputes over infringement upon copyright and false publicity)
(Case about disputes over infringement upon copyright and false publicity)
最高人民法院发布第一批10起涉互联网典型案例之八： 南京尚居装饰工程有限公司诉南京飞日强装饰工程有限公司著作权侵权、虚假宣传纠纷案
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| No.8 of First Group of Ten Model Cases Involving Internet Published by the Supreme People's Court: Nanjing Shangju Decoration Engineering Co., Ltd. v. Nanjing Feiriqiang Decoration Engineering Co., Ltd. (Case about disputes over infringement upon copyright and false publicity) | | 最高人民法院发布第一批10起涉互联网典型案例之八：南京尚居装饰工程有限公司诉南京飞日强装饰工程有限公司著作权侵权、虚假宣传纠纷案 |
| [Basic Facts] | | 基本案情 |
| Plaintiff Nanjing Shangju Decoration Engineering Co., Ltd. (hereinafter referred to as “Shangju Company”) alleged that: Shangju Company was formed in 2005. After development of 12 years, it has become a highly specialized and industrialized decoration enterprise with scale and brand in Nanjing and surrounding areas. In 2017, Shangju Company found that the website operated by Nanjing Feiriqiang Decoration Engineering Co., Ltd. (hereinafter referred to as “Feiriqiang Company”), which was also a decoration enterprise, copied major content of its website in aspects of colors, texts, pictures, and arrangement system. In addition, Feiriqiang Company publicized Shangju Company's titles of honor as its own, which was false publicity. Therefore, Shangju Company requested the Railway Transport Court of Nanjing City to order that Feiriqiang Company should immediately delete the webpage content that infringed upon its copyright and constituted unfair competition and compensate for its economic losses. | | 原告南京尚居装饰工程有限公司（以下简称尚居公司）诉称，尚居公司成立于2005年，历经12年的发展，已成为在南京及周边地区具有较高专业化、规模化、品牌化和产业化的装饰企业。2017年，尚居公司发现同为装饰企业的南京飞日强装饰工程有限公司（以下简称飞日强公司）经营的网站从色彩、文字、图片、编排体例等方面抄袭了尚居公司网站的主要内容。此外，飞日强公司还将尚居公司的荣誉作为自己的荣誉广而告之，属于虚假宣传。故尚居公司请求法院判令飞日强公司立即删除侵犯尚居公司著作权及构成不正当竞争的网页内容并赔偿经济损失。 |
| Defendant Feiriqiang Company contended that the originality of plaintiff's website involved was low and it was not a work in the sense of Copyright Law . Therefore, it requested the Railway Transport Court of Nanjing City to dismiss the claims of plaintiff. | | 被告飞日强公司辩称，原告涉案网站的独创性不高，不足以构成著作权法意义上的作品，请求法院驳回原告诉请。 |
Upon trial, the Railway Transport Court of Nanjing City found that several layout designs on defendant's website were the same as or similar to those on plaintiff's website. First, in terms of layout of the homepage of defendant's website, the place where defendant's Logo and contact means were displayed was basically the same as that on plaintiff's website, defendant used pictures and publicity texts that were identical with those on plaintiff's website in the same place in the center of the webpage, and the arrangements of such pictures and texts on the page were exactly the same as those on plaintiff's website. In the theme settings on the homepage, the basic modules and drop-down menus were basically consistent with those on plaintiff's website; only “Brand Dynamics” was altered to “Latest Activities”; and the place where the background picture was used on the homepage and the text descriptions were identical with those on plaintiff's website. Second, by browsing each theme, the patterns for displaying webpage content and the arrangement of corresponding content on defendant's webpage were identical with or similar to those on plaintiff's website. Some webpage content including texts, picture use methods, and places and sequences of arrangements were identical with those on plaintiff's website. Finally, the photographs of titles of honor including “Annual Figure of 2013 China Furnishing Network Review,” “Top 10 Network Customer Service of Homehouse365.com,” and “2009 Fashion Design Decoration Enterprise in the Yangtze River Delta” used by defendant in Qualifications and Honors were identical with those of plaintiff.
．．．．．． | | 法院经审理查明，被告网站多处编排设计与原告网站存在相同或相似。首先，被告网站首页的页面布局，其公司LOGO显示位置和联系电话与原告基本一致，网页中部亦在相同位置使用与原告相同的图片及宣传文字，图片及文字在页面中排列方式与原告内容完全相同。主页部分的主题设置，其基本模块及下拉菜单内容与原告网站基本一致，仅将“品牌动态”变更为“最新活动”，主页背景图使用位置及文字描述与原告构成相同。其次，通过点击各主题进行浏览，被告网页呈现内容的方式及相应内容的编排位置均与原告网站相应版块构成相同或近似，部分网页内容包括文字、图片使用方式及排列位置、次序与原告完全一致。最后，被告在资质荣誉部分使用的“2013年中国家居网络总评网年度人物”、 “365家居宝十佳网络客服”、“2009长三角风尚设计装饰企业”等荣誉照片与原告亦完全相同。
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