Yesterday, someone gave me a message to tell about the encounter, said he had 3 months ago registered 1 Google-containing COM domain name, but recently received Google's legal letter (see appendix), asked him to transfer the domain name unconditionally to Google.
I looked at the relevant lawyer letter and the registrant's own website, according to some of my previous knowledge analysis, this person's domain name is more dangerous, especially he even placed AdSense ads on the page, it is more inappropriate when the.
This involves the issue of domain name disputes and arbitration, in general foreign companies like to use the Chinese people's registration by submitting ICANN arbitration solution, and this kind of problem, as soon as ICANN arbitration, is basically foreign companies win.
According to incomplete statistics, since 2000, in nearly 120 cases involving Chinese domain name disputes, a total of 113 have been decided to transfer to foreign companies. In the case of COM domain name arbitration, once the complainant has put forward the proof of the relevant trademark, in general, the Chinese registered people rarely can keep the domain name.
This is a lot of reasons, such as foreign companies are very fond of litigation, often the case, that is, a foreign company would rather spend 2000 of dollars to sue to retake the domain name, but also refused to spend 1000 of dollars directly from the person in charge of the purchase back to the domain name. The main reason may be that the chances of winning a lawsuit like this are very high, because the real lawsuit, COM domain name arbitration is in English to reply, for the domestic registrant, this is a very large language barrier, or even directly lead to a lawsuit, and other oceans to be sued, and the lawsuit may delay a long time, This for the domestic registration, the need to pay a small amount of money, which is also the main reason for losing the domestic.
Therefore, in order to circumvent the risk of domain name registration, I summarized the following methods for your reference.
1, do not register contains well-known companies of any registered trademarks of the domain name, especially the name similar.
For example, registration and Google-related domain name, may be sued by Google infringement. According to the previous cases, the first registration is not likely to win.
2, the registered domain name does not have the obvious sale goal, specially by registers the sale well-known enterprise domain name for the purpose, may be more dangerous.
If a disputed domain name is registered and the word "sell" appears on the domain address, it is almost likely that the domain name will be lost once it is sued to ICANN. Because ICANN considers "having a name for sale or for hire" is a standard for judging malicious registration.
3, registered COM domain name should avoid infringement of copyright, do not use the COM domain name in other countries illegal activities.
The typical case is "Xi ' an tiger cool net COM domain name was confiscated by the United States," the company felt very wronged, that the United States judges are discriminating against Chinese companies, in fact, I think this may not be the case. Xi ' an tiger cool net as a company registered in the British Virgin Islands, the main business is in North America to sell the copyright risk of audio and video products, audio and video companies to infringe intellectual property rights to sue the XI ' an company, the article does not mention whether the XI ' an company should be sued, if there is no response or the verdict failed, Then it is reasonable to eventually confiscate the domain name. Ironically, Xian Tiger Cool network of CN Domain name is still working normally, so the CN domain name of the arbitration body is cnnic, here we can see the benefits of registering CN domain name, if you want to do some illegal crimes in the United States, registered CN domain name is a good choice, At least, ICANN will not confiscate domain names. Of course, also do not rule out that article is some domain name registration agencies hype of the soft text.
4, do not register similar well-known enterprise domain name, and the establishment of a misleading website.
For example, the case of the person who gave me a message is this, the registration of a domain name with Google, and then create a misleading site, may have a negative impact on Google's reputation, of course, Google will send a lawyer letter.
My advice to this person is to follow the advice given by Google or to wait for a domain name arbitration, but I think the results are the same. If you want to register to include Google's domain name, it should be marked on the page: This domain name and Google have no relationship, not a Google organization or association. Google's legal letter also mentions AdWords (AdSense), it appears that if he does not follow the conditions given by Google, not only the domain name may be arbitrated, his Adsense account may also be aborted.
5, before registering the domain name, understands the related regulation policy.
Know the enemy, can be victorious, such as understanding the "unified Domain name Dispute resolution policy (UDRP)", not to register the possible violation of the domain name, so as to reduce the risk of prosecution.
6, the registered domain name should use the real data registration, ICANN has the right to recover the false user registration domain name.
In recent times, I have also received emails from American registrars warning that ICANN has the right to recover the domain name of false information registered, and I am not yet able to verify the reliability of this claim.
7, the CN domain name registration.
Although the CN domain name is not ICANN management, but China's cnnic management, but there has been an enterprise to rob its CN domain name (lawsuit loses but can get domain name) and high prices to buy back COM domain name precedent, and the current law stipulates that individuals do not have the right to register CN domain name, So the probability that the registered CN domain name is snatched may be higher than the COM domain name.
In addition, this year CN domain name issued a new law "China Internet Network Information Center domain name Dispute Resolution", which has a provision is more interesting, that is, "the disputed CN domain name and Chinese domain name, if the registration period of two years, Domain name Dispute Center will not be entertained." ”
Of course, I feel that speculation of domain name investment seems to be risky or relatively large, if the funds are not particularly abundant, we should be cautious.
ICANN (Internet name and digital address distribution Agency) is a non-profit international organization responsible for the spatial allocation of Internet Protocol (IP) addresses, assignment of protocol identifiers, generic top-level domain names (GTLD), and management of national and regional top-level domain names (CcTLD) systems. And the management of the root server system. These services were originally provided under U.S. government contracts by Internet number distribution authorities (Internet assigned Numbers Authority,iana) and other organizations. ICANN now exercises the functions of IANA.
Noun Explanation: CNNIC: China Internet Network Information Center (Network Information Center, CNNIC) is a non-profit management and service organization. Its purpose is to serve our Internet users and promote the healthy and orderly development of our internet. The Computer Network Information Center of CAS undertakes the operation and management of CNNIC. CNNIC is led by the Ministry of Information industry in business.
Appendix: The full text of the Google lawyer letter mentioned in the reader's message:
Google is the owner of the well-known trademark and trade name Google, as as the "domain name google.com." As you are no doubt aware, GOOGLE are the trademark used to identify we award-winning search engine, located at http://www . google.com. Since its inception in 1997, the GOOGLE search engine has become one of the most highly recognized and widely used T search engines in the world. Google owns numerous trademark registrations and applications for their Google mark in countries around the world.
Google has used and actively promoted its Google mark for a number of years, and has invested considerable Establishing exclusive proprietary rights in the GOOGLE mark for online computer services and a wide range of goods. As a result of it efforts, the GOOGLE mark has become a famous mark and a property right of incalculable value.
You have registered, without Google ' s permission or authorization, the domain name higoogleyahoo.com (the "Domain Name"). The Domain Name incorporates the famous Google mark in it entirety, and, by its very composition, suggests Google ' s spons Orship or endorsement of your website and correspondingly, your activities.
Your use of a Domain Name "incorporates" famous GOOGLE mark in its entirety constitutes trademark infringement and Dilution of Google ' s trademark rights and unfair competition. Your use the ' Domain name is diluting use because it weakens the ability of the ' GOOGLE mark and domain name to identify A single source, namely Google. Further, your registration and use of the Domain Name misleads consumers to believing that some association exists En Google and you, which tarnishes the goodwill and reputation of Google ' s services and trademarks.
Your registration and use to the Domain Name is also actionable under the uniform-Dispute resolution Policy ("UDRP"). Under similar circumstances, Google has prevailed in numerous actions. These decisions are located online at http://www.icann.org/udrp/udrpdec.htm.
In view the your infringement of our rights, we must demand this you provide written assurances within 7 days :
1. Immediately discontinue any and all of the Domain Name;
2. Take immediate steps to transfer the Domain Name to Google;
3. Identify and agree to transfer to the Google any other domain names registered by your that contain Google or are Confusingl Y similar to the GOOGLE mark;
4. Immediately and permanently refrain from the "term" GOOGLE or any variation thereof-is-likely to cause CO NFusion or dilution.
We are have applied to advertise using the "Google AdWords program." We are concerned that your participation into this program would further lead to a likelihood of confusion. Accordingly, we'll disable your AdWords account until this matter can be resolved.
The Google trademark Enforcement team