The court decided to cancel the malicious registration of well-known enterprise domain name

December 5 News: Because of malicious registration of well-known business names or well-known trademark domain name, recently, Zhongqing five intermediate http://www.aliyun.com/zixun/aggregation/31896.html "> The people's Court has made the first instance judgment on the 10 cases of the computer network domain name registration contract on the basis of the invalid contract which damages the public interest.

Plaintiff Zoo Ruiling, Huang Junhua, Li Yunxian, and the defendant Ming million Information Technology Co., Ltd., Beijing Ming Wan Zhida Technology Co., Ltd. signed the "Domain name/general site order" is invalid, together with the cancellation of the domain name, and according to the fault of both sides, each bear the corresponding responsibility.

In the second half of 2006, plaintiff Zoo Ruiling, Huang Junhua, Li Yunxian and so on with the defendant Ming million company, Ming Wan Zhi Tatsu Company signed the "Domain name/general site Order", the plaintiff commissioned the defendant Ming million company and Ming Wan Zhi company registered domain name, domain name including "Beijing Hyundai Group", "Xinlong industrial Group", " Dalian Commercial Bank Limited Company "," the United States Morgan Stanley "and other well-known enterprises at home and abroad the size or well-known trademarks. After the registration of the domain name, the plaintiff believed that the defendant was false propaganda and fraudulent behavior.

January 2008, "Chongqing Business newspaper" On this matter has been reported, Huang Junhua and so on several times to the municipal Public Security Bureau, Trade and Industry Bureau and other units reflect the situation. In April 2008, the plaintiff sued the court for the cancellation of the contract on the basis of a major misunderstanding of the contract.

After hearing the court, the plaintiff and the defendant Ming million company and Ming Wan Zhi Company signed the "Domain name/general site order" formed the contract of entrustment legal relationship. According to article seventh of the Contract law, the Parties shall abide by the laws and administrative regulations, respect the social morality and not disturb the social and economic order and harm the public interests. The plaintiff entrusted to the defendant Ming million company and Ming Wan Zhi company registered domain name contains well-known enterprises at home and abroad or well-known brand name, its registration results will inevitably lead to network identification and identification of the reality of the identity of the conflict and confusion, and infringe on the enterprise name or trademark of the legitimate rights and interests of others.

In the process of registering a domain name, the plaintiff has always regarded the domain name registration as the investment behavior, and the defendant Ming million company Chongqing Branch also will register the domain name as the investment product carries on the propaganda promotion, therefore the Court found that the plaintiff entrusts the defendant Ming million company and the Ming Wan Zhi Company Registration domain name behavior belongs to maliciously registers the domain name behavior, its shall be void, as the property acquired in the contract shall be returned and, depending on the extent of the fault of the parties, be liable accordingly.