Talk about domain name Registrars (7) Personal registration CN domain name embarrassed root

[An arbitration case will not be able to evade the question]

Domain name Dispute Resolution Center [award] CND-2007000028 (http://dndrc.cietac.org)

Number of domain names: 3

Name: Bird's Nest. cn, Bird's Nest. Network, Bird's Nest. Company

Case handler: Concentration

The author of the award: visitors from Malaysia

Expert in this case: 1 horse Visitors 2 Tang Guangliang 3 Chengyongshun

Date of award: 2007-05-09

Release Date: 2007-5-14

(i) Information of the Parties

Complainant: National Stadium limited Liability company

Address: 16 Floor, Building B, Fu Kai Mansion, No. 19th, Financial Street, Xicheng District, Beijing

Agent: Beijing Tianyuan Law firm Showa lawyer, Zhou Yan lawyer

The person complained of: Fang Wen Drench

Address: Sichuan Province, Chengdu, the Battle banner Community 7-5-5-9 Garden

Agent: Chongqing State Hao trademark Agency Co., Ltd. Zhou Hong lawyer

(b), Domain name and registrar information

Disputed domain name: Bird's Nest. Company, Bird's Nest, company. cn, Bird's Nest, network, Bird's Nest, network, CN, Bird's Nest, China, Bird's Nest. CN (all included traditional)

Registered institutions: Beijing million network Zhi Cheng Technology Co., Ltd.

(eight) Expert Group comments (excerpt)

2. Concerning the rights or lawful interests of the complainant

About the disputed domain name "bird's Nest, China", "Bird's Nest". CN "The use of the" Bird's Nest "name, the complainant claims that its legitimate rights and interests of the name:" Sichuan Bird's Nest Science and Technology Development Co., Ltd. was complained of as the shareholders of the right to the name of the company, according to the "first registration" principle of Domain name registration The domain name has been lawfully enjoyed and used by the domain name for 2-3 years; the complainant has set up "Sichuan Bird's Nest Technology Development Co., Ltd." before service of the complaint. and has been in the "Bird's Nest" brand "automatic sunny two-door sliding window" patent product development, development, production, publicity in good faith using the "Bird's Nest" domain name, "Bird's Nest" network real names, "Bird's Nest" Trademark and "Bird's Nest" as the name of the enterprise.

The above-mentioned claim of the complainant, the Group of Experts considered: "China Internet Domain Name management method" is "first Application first registration" principle, but the method also stipulates that the registered domain name can not infringe the legitimate rights and interests of others, and set the procedures for the revocation of domain names, therefore, only by the first registration of the disputed domain name and network real Can not be complained about the "Bird's Nest" to enjoy the legal rights and interests of the basis.

Although the complainant claims that he is a shareholder of Sichuan Bird's Nest Technology Development Co., Ltd., the limited liability company is an independent civil subject and its shareholders do not necessarily enjoy the rights and interests of the company. At the same time, Sichuan Bird's Nest Technology Development Co., Ltd. was registered in April 2005, at this time, the "Bird's Nest" as the national stadium is well-known for the relevant public, with considerable visibility, and in Sichuan, the complainant's "Bird's Nest" of the specific meaning of the word and its commercial value should also be fully aware of, in this case , the group of Experts was not obliged to register the "Bird's Nest" with the complainant in March 2005. CN and the bird's Nest. "The goodwill of the conduct of China is questionable, and the Panel also considers that the rights or lawful interests claimed by the complainant cannot be established on the basis of malicious registration or use of the disputed domain name." Therefore, the name of the company which has not yet been established when the complainant is registered in the disputed domain name, as the basis for its enjoyment of the term "Bird's Nest", is not recognized by the panel.

In addition, the complainant has not provided evidence that his application for the "Bird's Nest" trademark has been approved for registration. The utility model patent (patent number ZL02236290.8), "An automatic sunny and rainy two-door sliding window", was filed in May 2002, however, this can only prove that the complainant has a patent on the relevant technology, which does not involve the commercial identification of the product, so the patent right that the complainant owns cannot be the "Bird's Nest". The mark enjoys the basis of rights and interests. In accordance with the provisions of article tenth (a) of the resolution, the complainant, if in the course of the provision of the goods, had used in good faith the name corresponding to the domain name and had a legitimate interest in the disputed domain name, in which the term "use in good faith" was necessary for its application. In this case, the complainant provided its "Bird's Nest" time for the Sichuan Bird's Nest Technology Development Co., Ltd. was established, and at this time the "Bird's Nest" as the national stadium for a long time, and has been known to a large number of the public, in this case, the complainant to the "Bird's Nest" The use of the name does not have the bona fide conditions stipulated in the clause. Therefore, the complainant claims that its "Bird's Nest" name enjoys legitimate rights and interests, according to insufficient, the Group of Experts do not identify.

Complaints against the disputed domain name "bird's Nest, China" and "Bird's Nest. CN" comply with the conditions set out in item eighth (ii) of the resolution.

3, about malicious

Whether or not a behavior is malicious, should be judged according to the nature and purpose of its behavior. Resolution Nineth stipulates that the registered domain name is to confuse and the complainant's difference, misleading the public, constitutes malicious. As a domain name registrant, registered domain name, the other people enjoy the legitimate rights and interests of the mark, there is an obligation to avoid, lest the possession and use of the domain name to damage the rights and interests of the right person. As mentioned above, in the disputed domain name "bird's Nest". China "," Bird's Nest. cn "When registered, the" Bird's Nest "as the main venue of the Olympic Games, namely the national stadium, is largely known to the relevant public, in this case, the complainant should be aware that if the use of" Bird's Nest "name as domain names, the public will inevitably cause confusion, Damage to the interests of the complainant, but also adversely affect the public interest. However, the complainant still uses the name "Bird's Nest" to register the disputed name "Bird's Nest". China, "Bird's Nest. cn", has a subjective fault. Therefore, the complainant's complaint against the disputed domain name "bird's Nest, China" and "Bird's Nest. CN" complies with the conditions stipulated in item Nineth (iii) of the resolution.

According to the above reasons, the complainant requests that the case be disputed domain name "bird's Nest". China "," the claim of the bird's Nest. cn "transferred to the complainant, in accordance with the provisions of resolution eighth and Nineth (iii) of the settlement, shall be supported; The complainant requests that the disputed domain name be" bird's Nest. Company "," Bird's Nest ", Company. cn", "Bird's nest. The bird's Nest. Network. CN "The transfer of the claim to the complainant does not conform to the conditions set forth in item eighth (a) of the resolution and should not be supported.

(vii) Decision of the Expert Group

For the above reasons, the Panel decided to support the complainant's request to place the disputed domain name "the bird's Nest." China "," "Bird's Nest. cn" transferred to the complainant's complaint request; The complainant is not required to call the disputed domain name "bird's Nest". Company "," Bird's Nest, company. cn "," Bird's Nest, network "," Bird's Nest, network. CN " A complaint request transferred to the complainant.

(eight) the outcome of the award

Bird's Nest. CN: Transfer domain name, bird's Nest. Network: Dismiss the complaint, the Bird's Nest. Company: Dismiss a complaint