Domain name arbitration operation practice: Correct understanding of the "sale" of malicious

According to D&n commentator learned that rental, sale is the core purpose of domain name investment, and the dispute resolution will be "rental, sale" as a sign of registration and use of the domain name is one of the malicious performance, that is, if the complainant has evidence to prove that the complainant registered domain name on the internet for sale, Then the domain name may be transferred by the arbitral award to the complainant. Such malicious for http://www.aliyun.com/zixun/aggregation/37901.html "> Domain name Arbitration cases are most common.

For example, D&n noted that in the CND-2005000032 case of CIETAC, "the Expert Group noted that the complainant accompanied the notarized" http://www.nameschina.com/domain/?domainname= kingsoft.com.cn "Web page printout has the following contents:" Top-level domain name transfer!... www.kingsoft.com.cn ... This domain name can be transferred, welcome to arrange! Please quote or leave us a message! E-mail:domainnames@china.com ... ". And domainnames@china.com is the disputed domain name whois database displayed in the dispute management contact's e-mail address, but also by the complainant in his defense letter identified in the contact email. Accordingly, the Group of Experts found that the complainant registered the disputed domain name in order to sell the domain name in order to obtain improper benefits, its conduct in accordance with the provisions of resolution nineth (a), constitute malicious registration or use of disputed domain names. ”

Correct understanding of the "sale" of malicious

However, D&n Domain name Office (dnfirm.cn) noted that not all domain name rental, sale behavior is considered malicious. In particular, following the revision of the dispute resolution scheme in 2006, cnnic it is expressly stated that only when "the purpose of the registered or transferee domain name is to sell, lease or otherwise transfer the domain name to a complainant or its competitor who is a civil rights owner" (dispute resolution) The first item of article Nineth) may be deemed to be malicious.

In accordance with the revised dispute resolution, the complainants simply rented, the sale of the domain name does not necessarily be judged as malicious registration and use of domain names, only when the intention to rent, sell to a specific subject-complainants or complainants of the competitor issued, may be identified as malicious; It must also be in order to gain undue advantage. To understand this article correctly, we should be aware that the following two conditions must be met:

Condition One: The meaning of the sale must be issued to the complainant or competitor of the complainant.

It should be noted here that, in general, the complainants of domain name arbitration is a large group of companies, if the parties to the Group of a subsidiary of the sale of the meaning of the said, it may be presumed to the complainant for this awareness. According to the experts in Cietac's CND2008000026, "it is also necessary to point out that although the existing evidence is insufficient to prove that the complainant's registration of the disputed domain name is a direct response to the complainant (the" ANSALDO "trademark), However, the available evidence proves that the complainant has malicious intent to Ansaldo STS (a subsidiary of the complainant) for the third person outside the case, and was therefore found to be malicious.

At the same time, D&n also noted that the sale means that the complainant must be given the initiative to send to the complainant can be identified as malicious, if the sale means that the complainant to the complainant's reply to the inquiry, should not be judged as malicious. For example, in the CND-2005000077 of Cietac, "the panel also notes that the tapes provided by the complainant only show that the complainant has voluntarily consulted the complainant for the sale of the disputed domain name, It is not possible to confirm that the complainant, after registering the disputed domain name, has voluntarily indicated to the complainant that he wishes to sell or otherwise transfer the domain name in order to obtain improper benefits.

These circumstances, a positive case is the CND2008000019 case of CIETAC, "combined with the complainant's website on the disputed domain name, set up" South Asia plastic. CN "Rental sale information, and the complainant received as the beneficiary of the complainant to sell the domain name at a price of 60,000 yuan of the fact that the mail, The Group considers that the acts of the complainant have constituted the malice described in subparagraph (a) of article Nineth of the settlement. ”