The Shantou Intermediate People's Court recently successfully mediated a case of Chinese Citizen v. Microsoft Corporation computer network domain name ownership dispute.
January 7 This year, a paragraph from pool.com auction won the "hotmaiil.com" domain name.
January 12, Microsoft to the United States National Arbitration Commission filed a lawsuit, in paragraph of the "hotmaiil.com" domain name infringement of its "HOTMAIL" trademark, the requirement to transfer a paragraph of the above domain name. The National Arbitration Commission believes that paragraph of the domain name is only more than Microsoft's trademark added "I" and the generic top-level domain. com ", there is no real sense of distinction, is a confusing similarity; Paragraph a disputed domain name is not widely known, and does not really provide goods or services or other reasonable use, Have the intention of malicious registration and use. March 2, the United States National Arbitration Commission to determine the "hotmaiil.com" domain name should be transferred from paragraph to Microsoft, while notifying paragraph, the above decision will be implemented within 10th, unless paragraph of the appropriate judicial authority to bring a lawsuit against Microsoft. In order to prevent the implementation of the above ruling, paragraph on March 11 to the Shantou Intermediate People's Court filed a lawsuit.
After accepting the case, the Shantou Intermediate People's Court attaches great importance to the operation of the backbone composed of the bench to hear the case. It is understood that the plaintiff in the case submitted in the evidence is relatively weak, even if successful, to return the domain name to the plaintiff's name also involves the recognition and enforcement of our judgments in the United States and other issues. From the point of view of whether the plaintiff's lawsuit aim can be reached, the possibility of settling the case is larger. Therefore, the collegial panel focuses on the mediation work of the plaintiff section. The latest news from the bench of the case is: the plaintiff paragraph has already applied to withdraw the lawsuit, thus, the first case of the computer network domain name ownership dispute of the Shantou court is finally settled by conciliation.
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