The court finds that
is a malicious cybersquatting, deadline for cancellation of
crown "free city", "Yi Tianjiao" is the main city of Chongqing is well-known real estate, the network domain name is very early to be a company registered in our city. Reporters from the City Fifth court was informed that in August 28th, the court found such behavior is a malicious cybersquatting cybersquatting, the deadline for cancellation.
a number of well-known enterprises, real estate has been registered by
domain name registration began in 2006. In June of that year, Chongqing electric communication equipment Co. Ltd. (hereinafter referred to as the electricity company) and Beijing mingwan Zhida Technology Co. Ltd. (hereinafter referred to as the mainone company) signed a "domain name / Web Order", agreed XD Company commissioned mainone company and its affiliated companies registered domain names, including ".Cn Yi Tianjiao, Tianjiao Toshihaya.Com", "the crown of Liberty City.Cn", "crown of Liberty City.Com". Domain name registration period of 10 years, a total of $1200 service fee.
in addition, electricity company also commissioned mainone company and its subsidiary company registered the first Citibank.Cn "and".Cn, "Morgan Consortium" Jialong high tech.Cn "and" Harbin changfangyuan.Cn "," Boston consortium.Cn "domain name.
That is because
buy the domain name in the mainone company of misleading, electricity company will mainone company to court, claims that the two sides signed the "domain name / Web Order" is invalid, and return the service fee.
after the first and second, the day before, the City Fifth court made a final ruling on the case. The court found that the mainone company commissioned by the electricity company registered domain name contains the name of the well-known domestic enterprises, the registration results will inevitably lead to conflict and confusion network identification and reality identification mark, violation of the legitimate rights and interests of others, their behavior damages social public interests, should be invalid, limited both in effect from the date of the decision ten the domain name common days off.
domain name is a scarce resource
"this series of cases give us a wake-up call, the company name and trademark protection should be extended to the virtual world of the network." In this case the trial judge, the City Fifth court intellectual property court vice president Cao Ke said, in today’s increasingly developed e-commerce, computer network domain name is similar with trademark and trade name recognition function to a certain extent, and the domain name as the basis for a non renewable resources, the scarcity and limited to the domain name frequently is registered, or even to have a domain name as an investment product to profit, which triggered the dispute is It is often seen.
how to protect their own domain name, Cao Ke suggested, according to China "to apply for registration" principle, enterprises should improve the consciousness of intellectual property rights as soon as possible, his business name and trademark registration for the domain name; in the face of the domain name was malicious cybersquatting case, enterprise can through the dispute procedures or judicial proceedings to safeguard their legitimate rights and interests. "For the general public, to raise awareness of the law,"