Recently, Tencent tried to take game operator “KongZhong” and developer Shanghai Dacheng Network Technology Co., LTD to the court for unfair competition, accusing KongZhong’s SuperTeam of plagiarizing League of Legends. Tencent appealed for a sentence that two defendants shall stop the infringing act, extend a formal apology and make compensation of RMB 3 million yuan for economic losses.
Tencent asserted that the logo of SuperTeam was composed of texts and feather wings, similar with that of League of Legends. When it came to in-game characters, characters in both games showed similarities and even identity in terms of styles of skin color, expression, headwear, costume, weapon and so on. Also, it was true of some character names in SuperTeam.
At trial, Tencent expressed that through similar settings and painting style, KongZhong hoped game fans would mistake SuperTeam for League of Legends, thereby enhancing recognition and grasping interest.
In addition, Tencent believed that the defendants breached the principles of fairness and integrity which operators should obey in the trading process, as well as business ethics. Tencent requested that the defendants should bear the joint and several liability for unfair competition. Thus, Tencent appealed for a sentence that two defendants shall stop the infringing act, extend a formal apology and make compensation of RMB 3 million yuan for economic losses.
So far, Haidian Court has accepted the case and made further trials.
Translating: Liu Jingjing