"Bi gui yuan" domain name was maliciously registered

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Reporters yesterday from the Shunde court learned that the hospital concluded the first malicious Chinese domain name infringement case-"bi gui yuan." CN "Domain name dispute case, the first trial verdict defendant immediately stop using Chinese domain name" bi garden (including traditional). CN (China), and unregister the domain name.

The defendant Li Tirong, Huang Lisan couple for Zhongshan self-employed owners. July 26, 2003, the defendant in the name of Zhongshan Metal Crafts factory registered "Country Garden" domain name, domain name scope includes: "Bi GUI garden. China", "Bi GUI garden. cn", "Country Park, China", "Green Garden. cn". Notarized by Shunde Notary Office, in the computer network through the operation into the http://Country garden. cn, after entering the domain name, the page for the Zhongshan Sun Toy Products Factory "Sias" website. The plaintiff, Bi GUI Garden Property Development Co., Ltd. considered that the interests were infringed and filed a lawsuit.

Shunde court after the trial that the plaintiff bi GUI Garden Property Development Co., Ltd. as "bi gui Yuan Country garden and map" No. 903822 registered trademarks and "Country Park" 1,739,964th registered trademarks of the exclusive right to enjoy the exclusive right of registered trademarks, the The fourth article of the Supreme People's Court's interpretation of several issues concerning the application of law in the case of civil disputes involving computer network domain names stipulates that the act constituting the registration and use of the domain name constitutes an infringement of the plaintiff's exclusive right of trademark: the plaintiff requests protection of the trademark, is registered in accordance with the law Country Garden. cn "Domain name and the plaintiff above registered trademarks of the Chinese words exactly the same, sufficient to cause the public to be mistaken; in the proceedings, the defendant failed to provide evidence that the defendant had an interest in" the country Garden. CN "or its main part, and that it had a valid reason for registering, using the domain name, and that the defendant was registered to use" Country Garden. cn "Domain name, click directly connected to the Zhongshan Sun Toy Products Factory" Sias "website, this way misleading network users to visit their website, deliberately caused by the plaintiff's products, services or the plaintiff's website confusion.

Accordingly, the Court found that the defendant to the "country Garden. CN" Domain name registration, use of malicious, constitutes a violation of the plaintiff's trademark exclusive rights of the Act, then the first trial sentenced the defendant immediately stop using Chinese domain name "bi garden (including traditional). CN (China), and unregister the domain name.