On November 20, 2021, the Beijing Internet Court issued Civil Ruling (2019) Jing 0491 Min Chu No. 38769 in the case where Beijing Kuaishou Technology Co., Ltd. (hereinafter “Kuaishou”) sued Wangtong SoftCreate Technology (Beijing) Co., Ltd. (hereinafter “Wangtong SoftCreate”) for internet tort liability. The court ruled to permit the plaintiff, Kuaishou, to withdraw its lawsuit.

Beijing Caihe Law Firm was retained by Wangtong SoftCreate to act as the defense counsel for the defendant in the above case.

Key highlights of the case:

After an in‑depth study of the specific facts of the case, the lawyers at Caihe identified the breakthrough points:

1、The holder (or lessee) of a domain name address is not necessarily the same as the holder (or lessee) of the server with which it forms a resolution relationship.

2、At the time the alleged infringement occurred, although the defendant was the holder (or lessee) of the domain name address in question, it was not the holder (or lessee) of the server involved, nor was it the actual operator of that server. Therefore, the defendant did not commit any infringing act.