IP Court acquits local company in Fair Trade Act violation case initiated by leading real estate agencies

　Taiwan’s top ten real estate agencies, including Yung Ching Rehouse Co., Sinyi Realty, H&B Business Group, Chinatrust Real Estate Co., Ltd., Century 21 Real Estate LLC., jointly initiated an action against Oaks Technology Corp. (hereinafter “Oaks”) over Oaks’ suspected violation of Taiwan Fair Trade Act and Taiwan Trademark Act, asserting that the “price comparison” and “call for broker’s help” services provided on the “Ubee housing price comparison” website and app designed and established by Oaks based on “sharing economy” concept has affected the rights and interests of other real estate agencies.  Taiwan IP Court decided on this case in favor of Oaks.   

　According to the IP Court judgment, Oaks has been put in manpower and material resources to design the “Ubee-housing price comparison” website and “Ubee-housing price comparison” app, by which users may make choices by setting up conditions to search and link to the sorted and accessible public information maintained by the ten leading real estate agencies.  The function performed by the “Ubee-housing price comparison” website and “Ubee-housing price comparison” app has no difference from that provided by general web search engines.  

　In addition, the two Chinese characters “屋比” and device thereof that represent the “Ubee-housing price comparison” website and “Ubee-housing price comparison” app are apparently different and distinguishable from the name and device of the ten leading real estate agencies; that is to say, Oaks is not engaged in deceptive act that would mislead consumers by actively hiding or passively concealing important trading information.  Besides, on the webpage of the “Ubee-housing price comparison” website and “Ubee-housing price comparison” app, the trademarks of the ten leading real estate agencies are represented in print type and put in black oval frame and also with an arrow sign, “〉”, which means “link to”, and consumers will link to the ten leading real estate agencies’ company websites by clicking on the arrow signs.  The IP Court held that Oaks’ use of these companies’ trademarks constitutes reasonable use and will not cause consumers confusion.  (February 2018) 

/CCS