In the trademark infringement dispute brought by Shanghai Kuanyu Digital Technology Co., Ltd. (Bilibili, commonly 'B Station') against Fuzhou Dili Technology Co., Ltd. and others (Dilidili, commonly 'D Station'), the court found the defendants' use of 'Dilidili' and 'dilidili' signs constituted trademark infringement and ordered cessation of infringement, elimination of impact, and RMB 3 million in damages—a typical precedent on similarity and confusion findings for internet platform marks.
Case Overview
Shanghai Kuanyu is the owner of the 'bilibili' and 'Bilibili' series of registered trademarks, including Nos. 11356033, 15362394, 11356069, and 19068427. The defendants—Fuzhou Dili Technology Co., Ltd., Fuzhou Jiban Network Co., Ltd., and Fujian Tianxiawushuang Investment Group Co., Ltd.—operated the 'Dilidili' website and app, used the 'dilidili' domain and sign, and promoted it through Sina Weibo accounts such as 'Dilidili update bot' and 'dili update bot'. The plaintiff alleged trademark infringement, claiming RMB 50 million in damages plus RMB 1 million in reasonable expenses.
Issues in Dispute
- Whether 'Dilidili' and 'dilidili' are similar to 'bilibili' and likely to confuse the relevant public;
- Whether the three defendants' conduct constituted joint infringement;
- How to determine the damages amount.
Judgments and Case Numbers
- Case number: (2019) Hu 0110 Min Chu No. 20314;
- Court and timing: Yangpu District People's Court of Shanghai, first-instance judgment on August 31, 2020, publicly reported in September 2020;
- Result: the three defendants were ordered to immediately stop infringing the exclusive right to registered trademarks Nos. 15362394 and 19068427 'bilibili'; to publish statements for five consecutive days on the 'Dilidili update bot' and 'dili update bot' Weibo accounts to eliminate the impact; and to jointly pay RMB 3 million in economic losses plus RMB 110,000 in reasonable expenses;
- Note on related cases: between the same parties there were separate copyright-related cases, (2019) Hu 0110 Min Chu No. 8708 and (2020) Hu 0110 Min Chu No. 8702 (involving works such as 'Grand Blue' and 'Love Tyrant'), which must not be conflated with the trademark infringement finding in this case;
- Sources: China Intellectual Property News report reposted by People's Daily Online's IP channel ('Can't tell Bilibili from Dilidili? B Station takes D Station to court!', September 27, 2020); Xinhua report reposted by the IP channel of the Ministry of Commerce website ('Bilibili wins RMB 3 million against Dilidili for trademark infringement', September 28, 2020).
Key Takeaways
- Similarity assessment centers on likelihood of confusion: the court weighed the degree of mark similarity, the similarity of goods or services, the general attention of the relevant public, and the distinctiveness and fame of the marks;
- Platform infringement takes many forms of use: website names, domains, app icons, and account nicknames can all be trademark use and should all be asserted;
- Damages are determined comprehensively at discretion: the court fixed the amount within the statutory range based on the nature, duration, and consequences of the infringement and the fame of the marks;
- Copyright and trademark protection can proceed in parallel: the same conduct may implicate both, and the rights holder may assert both separately.
Lessons for Businesses
Trademark searches are mandatory before naming a platform, registering a domain, or setting account names, to avoid similarity to well-known prior brands; rights holders' enforcement should cover all channels—websites, apps, domains, and social media accounts; fixation of electronic evidence (page notarization, trusted timestamps) is crucial in platform infringement cases; and an infringing platform may still bear joint liability where the use continues, even if it changes operating entities or domains.
If you need these procedures handled for you, you may book the trademark monitoring service of a filed trademark agent on MyTMBee, with full assistance from material preparation through filing and follow-up.