China Telecom spends huge sums to reclaim the domain name of CN domain

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In the Web browser input "China Telecom. CN", Pop-up is the Guangdong Tianma advertising Company's web page, China Telecom Group and Tianma company launched a domain name Scramble, Tianma company to prosecute the need to confirm the registration of the domain name not infringement.

It is reported that the case is the first country to confirm the registration of domain name not infringement dispute case. Recently, after the Foshan Shancheng court conciliation, the two sides shook hands, reached a confidentiality agreement, China Telecom to pay the price to recover the domain name, but the specific amount has not been disclosed. 4th, the plaintiff to Foshan Shancheng Court tribute to the banner. The arbitral institution awards the domain name Attribution 5th, the reporter discovers from the Chinese Internet Information Center, the "China Telecom. CN" Domain name registers on July 25, 2003, registers for the Guangdong Province Tianma advertisement Company, the registration period is 5 years, valid until July 25, 2008. Tianma company also registered a suffix of "China" and ". CN" of the simple traditional "Chinese telecom", the same period.

The reporter learned from Foshan Shancheng Court, although Tianma company registered including "China Telecom. CN" and other 4 related domain names, but both cases involved only "China Telecom. CN" a domain name. It is understood that Tianma company registered the domain name, has been used for more than two years has not been controversial, until last March, China Telecom Group Co., Ltd. filed a domain name objection, and the China International Trade Arbitration Commission domain name dispute Resolution Center for complaints and arbitration applications, Tianma company to return "China Telecom. CN."

After one months of arbitration, the group of experts found that Tianma company to the domain name or its main part does not enjoy the legitimate rights and interests, the company decided to transfer the Chinese domain name to China Telecom Group. Tianma Company appealed to the court for the center of the decision, Tianma company, and to the Foshan Shancheng court filed a lawsuit. Tianma Company believes that China's Internet domain name dispute resolution effective on March 17, 2006, "China Telecom. CN" Domain name dispute should be applicable to new methods. The new method stipulates that "The dispute domain name registration period of two years, the Domain name Dispute Center is inadmissible". "China Telecom. CN" Domain name registration in 2003, has been more than two years, therefore should not be entertained.

However, the domain name Dispute Center believes that under the new method, the proposed scheme has been submitted to the dispute resolution body before the domain name dispute does not apply new methods. Since the date of filing the complaint for the domain name dispute is March 14, 2006, the original "China Internet Network Information Center domain name dispute resolution method" should be applied, the original method does not limit the duration of the dispute.

Court mediation between the two sides out-of-court settlement

April 17, 2006, Foshan Shancheng court to accept the case. After the case, China Telecom group filed jurisdiction objections, both of which were ruled dismissed. On the morning of October 19, 2006, on the basis of the full investigation of the facts, the judge clarified the legal application of the case to both sides, and after listening to the views of both sides, the court did not pronounce the sentence immediately, but gave the two sides a certain time to settle outside the court.

Subsequently, the presiding judge repeatedly communicated with the Parties by telephone, e-mail and so on, after fully clarifying the jurisprudence and the pros and cons, advised the plaintiff and the defendant to consult further. In the end, the two sides reached a settlement agreement, and signed a confidentiality clause, agreed that the results of the two sides are not open to the public, now the case has been applied to the application of Tianma lawsuit closed.

It is reported that China Telecom to recover this domain name is expensive, Tianma company in the year to hundreds of yuan registered "China Telecom. CN" Domain name, shot when the price rose to one hundred or two hundred times times, become a typical "corn" (domain name speculators to the domain name of the harmonic) investment case. But because the two sides agreed to secrecy, the specific amount of acquisition can not be disclosed.