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February 22, 2011

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Copyright victory for founder of Chinness

CHINNESS, a non-profit website which logs Chinese world records, was accused of breach of copyright by Guinness, but the National Arbitration Forum of the United States eventually rejected Guinness's cases after Chinness handed in a last-minute written defense.

Formally established in 2006 by a 46-year-old disabled man Zhang Dayong from Luoyang City, Henan Province, Chinness won the lawsuit against the international giant, even though Chinese sides do not defend themselves in over 90 percent of such cases, Dahe News reported.

Zhang received a copy of an official complaint sent to the NAF by Guinness World Records in 2010, claiming that Zhang's Chinness - registered in 2006 - had infringed Guinness's copyright because the two names read similar and both of their functions were logging world records.

A lawyer told Zhang that though Chinese people chose to give up in over 90 percent of such cases, they could still have won if they had tried. Eventually, Zhang decided to fight the case.

Zhang hired a local lawyer named Zhang Yonggang, and he managed to finish the written defense, which included 10 pieces of evidence, and sent it to the NAF just before the deadline approached.

Zhang admitted that he decided to take the name Chinness after learning about Guinness, but he responded in the defense that the complete name of Guinness is Guinness World Records, and his Chinness is the entire name.

Zhang received the verdict in early February, which said that the brand of Guinness was different from Zhang's Chinness.




 

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