Registered domain name disputes caused by speculative court deadline for cancellation

speculation malicious cybersquatting well-known enterprise network domain, will be the deadline for cancellation. Chongqing fifth intermediate people’s court recently identified, registered the famous construction network domain name of a malicious cybersquatting, a registered enterprise for cancellation.

crown "free city", "Yi Tianjiao" is Chongqing well-known real estate, the network domain name is very early to be a company registered. In June 2006, Chongqing electric communication equipment Co. Ltd and Beijing mingwan Zhida Technology Co., Ltd. signed a contract, agreed to entrust the Western Electric Company mainone company and its subsidiary company registered well-known enterprise network domain name, including ".Cn Yi Tianjiao, Tianjiao Yi.Com" and ".Cn crown free city" and "the crown of Liberty City.Com". In addition, the Western Electric Company also commissioned mainone company and its affiliated companies registered the first Citibank.Cn "," Morgan.Cn, "Boston consortium Consortium".Cn "domain name. Because that is the purchase of these network domain name in the mainone company of misleading, electricity company will mainone company to court, claims that the two sides signed the contract invalid.

Chongqing fifth court recently made a final decision on the case, identified mainone company commissioned by the electricity company registered domain name contains the name of well-known enterprises, will inevitably lead to conflict and confusion network identification and reality identification mark, infringement of the legitimate rights and interests, should be invalid, limited both in effect from the date of the decision within 10 days together the cancellation of the domain name.

"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 Intellectual Property Tribunal of Chongqing fifth court vice president Cao Ke told reporters that in today’s increasingly developed e-commerce, computer network domain name is similar with trademark and trade name recognition function to a certain extent, but the name is a non renewable resource, its scarcity and limitation caused by frequent cybersquatting, some people even cybersquatting as profit, which triggered the dispute is It is often seen.

Cao Ke suggested that, according to China "to apply for registration" principle, enterprises should improve the consciousness of intellectual property rights, as soon as the enterprise name and trademark registration for the domain name; if the domain name was malicious cybersquatting, enterprise can through the dispute procedures or judicial proceedings to safeguard their legitimate rights and interests.

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