China's first case of domain name registration due to domain name registration activists cases

Because of a problem with the domain name registration contract, ShiCaiHua brought several companies including MingWan Information Technology Co., Ltd. (hereinafter referred to as "MingWen Company") to court together. Yesterday, the case was Taiyuan Xiaodian District People's Court concluded. It is reported that this case is also the first case of domain name registration in China caused by domain name registration.

Sign the contract

16 million registered domain name

According to the court verified, Ming million company formerly known as Shenzhen Ming million Information Technology Co., Ltd., approved by the Ministry of Information Industry domain name registration services. Ming million Information Technology Co., Ltd. Taiyuan Branch (hereinafter referred to as "Ming million Taiyuan Branch") is its branch in Taiyuan. Beijing Ming Wisdom Zhida Technology Co., Ltd. (hereinafter referred to as "Ming Wisdom Zhida Company") is a licensed company engaged in Internet information services business. January 30, 2007, Shi Caihua should Ming million Taiyuan branch invited to participate in the company held a "small and medium-sized enterprise information training meeting", the main promotion of Chinese domain name registration. Shi Caihua Xiang Ming million Taiyuan Branch salesman proposed registration of domain names, the branch staff to produce the format contract "domain name / Universal Web site orders" and "website service orders" and to provide a full set of products to Shi Caihua, including 6 A domain name suffix, a registration period of 10 years for each domain, and a 10-year maintenance period for a companion website, indicating the benefits of registering the package. Subsequently, the two sides signed a contract for the products provided by Ming-Wan Taiyuan Branch. Shi-Shi-Hua registered four sets of products and paid a total of 161,600 yuan.

Change contract does not resort to law

Afterwards, Shi Caihua found himself deceived and asked to change the contract with Ming million companies, the two sides failed to negotiate, Shi Cai spent the court summons to cancel the domain name registration contract signed by both parties. Mingwan defense that the contract is signed and performed by the main equality between the parties, there is no fraud or major misconduct, requiring the court to dismiss the plaintiff's claim.

Under a major misconception, a contract is concluded

Court sentenced 70,000 yuan

The trial court held that Mingwan Company, as the domain name registration service agency approved by the Ministry of Information Industry, provided the domain name registration service to the domain name registration applicants and should be implemented in accordance with the relevant laws and other relevant provisions in the domain name registration. When applying for domain name registration, the defendant Ming Wan Company has the obligation to inform domain name applicants about the content, time limit, fee, term and renewal principle of domain name registration, and respect the applicant's right to know and the right to make transactions. The defendant Ming million Taiyuan branch in accepting the plaintiff Shi Caihua registered domain name, did not inform the above. Ming million companies and stone color flowers signed a domain name / Universal Web site orders, did not and Shi Caihua and then signed a "registration service agreement" to hide the domain name registration time, cost, duration and renewal of the principle and so on. While providing a full set of products designed by the company to ShiCaiHua, that is, purchasing six suffixes for each domain name, paying a one-time operation and management fee of ten years and bundling the website for one-time maintenance fees of 10 years. As the plaintiff stone flower lack of knowledge of the Internet and domain names, I believe the defendant Ming million Taiyuan branch staff say, so all registered. After registration, the plaintiff Shi Caihua, whether or not he / she wishes to hold a domain name or change a domain name registration service institution, must possess the domain name for 10 years and if canceled or changed in advance, will have to pay a certain amount of financial loss if it has already paid all the fees. Obviously the defendant Ming million companies and Ming Wenshida companies use the applicant's domain name and site do not understand, recommend the design of its complementary products is from the perspective of its maximum economic interests, the act in violation of the principle of good faith, fair and equitable compensation principle , Undermining the applicant's right to know and the right to choose, violating the applicant's legitimate rights and interests Shek Pai Hwa. According to the relevant laws of our country, this contract belongs to the contract concluded due to major misunderstanding. Shi Caihua demanded that the domain name and website service contract signed with the defendant be revoked and should be supported. In view of Shiseihua has a full set of navigational institutions in Shanxi Province, China Enrollment and Navigation a full set of transfers to Zhang Huibin, so the plaintiff stone flower only environmental testing navigation, genetic navigation enjoy two rights. Due to the environmental testing and navigation, the registration of the 12 domain names in the gene navigation has been completed and the website has been produced. Based on the principle of fairness and reasonableness, the contract should be changed. The first year's domain name and website should be reserved with 12 reserved Domain name registration fee that year, whether the renewal of the second year and whether to continue to hold the decision by the plaintiff, maintaining the website maintenance costs that year, the second year whether to maintain the defendant decided by the plaintiff, in addition to the registration fee and maintenance costs of 8080 yuan , The remaining expenses of 72,720 yuan shall be returned by the defendant Ming million company and Ming Wisdom Zhida company, and accordingly made the verdict.