Chinese domain name is malicious registration for 1 million to lose money

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This is an era of success in marketing. But traditional marketing means, it is difficult to meet the needs of modern people. With the coverage of the network more and more widespread, the radiation crowd more and more popular, network marketing has gradually become the most desirable form of business. Smaller companies tend to advertise on websites, and some big companies build their own websites.

The establishment of the site first to register the domain name, these companies to build the site, have their own registered trademarks, these trademarks are often the logo of these companies. So these companies, whether for the protection of trademarks or to attract customers with their own trademarks, are willing to register trademarks as the company's website domain name.

So a new infringement of the trademark rights of the Act arose, this behavior is first targeted at some well-known trademarks, the name of these well-known trademarks as domain name for registration, and then the registered domain name to the trademark holder. Nanjing Hongye Garments Co., Ltd. (hereinafter referred to as "Hongye Company"), a famous garment enterprises encountered this situation.

Enterprise Domain name is maliciously registered

Hongye Company predecessor is a state-owned garment factory, after restructuring, enterprises began to focus on women's clothing, determined to build the first brand of Chinese women's clothing.

After unremitting efforts, Hongye company produced clothing has been renowned in Jiangsu province clothing market, by the majority of women's favorite, in the vast number of consumers with high visibility, Hongye company to protect the interests of the Hongye brand, in 1997, the Red Leaf trademark was registered and passed the audit.

With the brand impact and the company's growing size, the company to attract more customers, began to set up the company's website. At this time, Hongye company received a letter, the letter stated that "Hongye women's" Chinese domain name has been registered, if you want to use the domain name must pay 1 million yuan transfer fee.

Hongye Company chose the law as "weapon" to uphold the legitimate rights and interests of the company, in the first time will register the domain name of the Wang Haiseng sued the court.

1 million 倒赔 600,000

During the trial, Wang Haiseng disputed that the Hongye trademark is not a well-known trademark, should not enjoy the well-known trademark protection standards. In response to Wang Haiseng's defense, Hongye produced the relevant public awareness of the red leaf trademarks, the duration of their use, the duration of publicity work, degree and geographical scope, as a well-known trademark protected records and other documents.

On the basis of ascertaining the facts, the Court recognized the trademark of "Hongye" as a well-known trademark. Verdict Wang Haiseng cancellation of the domain name, and compensation for Hongye Company's economic loss of 600,000 yuan.

To this, Jiangsu only good law firm Sun Jiejie lawyer pointed out that the red Leaf company issued by the relevant public awareness of the trademark, the use of the duration, etc., has been sufficient to prove that the red Leaf trademark with well-known trademarks of the conditions, should be well-known trademarks protection standards to be protected.

Sun Ying Jie, Wang Haiseng registered domain name constitutes a copy of the Red Leaf trademark, imitation, enough to cause the public misunderstanding, and there is no registration, the use of the domain name of the legitimate reasons, the red leaves company to buy by the domain name to obtain improper benefits, indicating that the registration of the domain name is malicious, The Wang Haiseng of the registered domain name constitutes the infringement of the exclusive right to the famous trademark of Hongye.

Sun Ying Jie also pointed out that the "Chinese Internet Interim Management measures," 24th stipulates that the registered domain name can be changed or written off, not allowed to transfer or trading. It can be seen that Wang Haiseng's behavior not only violates the "red leaves" as a well-known trademark of the exclusive right, but also violates the relevant regulations, should be punished.