Epson v. New network domain name dispute Resolution

After half a month, Epson v. New network domain name dispute for the motion is still the industry people relish.

May 18, 2007, traffic2007 (Domain name Summit), a domain Name Service site practitioners told the It times: "Beijing new network thought this is a steady profit business, did not think Epson this attitude so resolute, better than the court is not willing to pay for the domain name." ”

April 30, 2007, Epson v. New network domain name dispute final: The two domain name "wwwepson.cn" and "wepson.cn" transferred to the complainant Seiko Epson Co., Ltd. (Seiko Epson Corporation)-"Epson" Trademark holder.

Reporter from the domain name registration Authority China Internet Network Information Center (CNNIC) survey learned that Beijing new network in December 21, 2006 01:21 and 22nd 07:25 registered "wwwepson.cn" and "wepson.cn" two domain names. These two easy to misunderstand domain name let Epson really headaches. Aware of their own domain name was registered, far away in Japan Changye County Seiko Epson Co., Ltd. can no longer tolerate the Chinese netizens in the "EPSON" of the territory to dig holes, determined not to "spend money to eliminate disaster", rather than cumbersome legal procedures, but also have a saying. The end result proved that their decision was correct.

New nets give up responding

The reporter learned from the China Council for the promotion of international trade, Epson's English trademark "EPSON print@once" through the China Council for the promotion of international trade Patent and Trademark Office in July 2002 to apply for registration, successfully passed in February 2004, the registration number is: 3239322. In April of that year, the text trademark "Epson" also passed the registration.

January 18, 2007, according to the e-mail address provided in the registration information, obtained Epson China authorized Beijing Lin da Liu office to Beijing New network sent an e-mail, on the other side infringement of Epson trademark, unauthorized registration of the domain name, but Beijing has not responded to the new network.

February 13, Beijing Lin da Liu Office lawyer formally filed a complaint with the domain name Dispute Resolution Center. According to the case of the expert arbitrator Kingling Lawyer's introduction, the reporter detailed master the content of the complaint.

In the pleadings, Seiko Epson said: First, the domain name "wwwepson.cn" and "wepson.cn" are the same as the registered trademarks, with sufficient to cause confusion of the approximate; second, the new network to be complained of the domain name does not enjoy the legitimate rights and interests, "EPSON" Seiko Epson is the original trademark; third, the domain name holders complained of the domain name registration or use of malicious.

March 19, the case was formally entered into the arbitral proceedings, but until April 16, the case was transferred to the Expert Group, the Beijing New network did not submit a reply in accordance with the rules of Procedure and supplementary rules. And many other trademark domain name dispute case, because the complainant's absence, the case to transfer trademark domain name to the complainant end.

May 15, the reporter called Beijing New network, the new network of sales staff said they do sell for the purpose of registering a number of domain names, the current batch of domain names have been sold, and the 2 domain names complained of are currently in the status of sale. "Some people buy us on sale, the disputed domain name we rarely go to sue, we have a lot of trademark domain name, one by all responding busy ..."

And according to Linda Liu, Liu Nio lawyer said, before the arbitration, the new network has asked for 1000 yuan to Epson sales of these 2 domain names, otherwise can only Sue, Epson chose the latter, finally won the title of the disputed domain name.

Pay the ransom.

Low price preemption domain name high prices sold, has long become a domain name boundaries of an unwritten way of survival. Compared with the usual domain name dispute, Beijing New net this time 1000 yuan price is not high. In fact, the domestic domain name dispute arbitration costs minimum of 4000 yuan, so the general name of the sale of trademarks is 4000 yuan.

"The vast majority of enterprises are not willing to litigate, if the price is appropriate, these enterprises are willing to pay a certain fee to buy Chinese domain name, especially well-known trademarks." "Shenzhen Ming million Company's sales staff in Shanghai, held a product meeting in the small and medium-sized enterprises to participate in the publicity, to mobilize these audiences for discriminating trademark domain investment."

Reporter from the survey of several major registrars, the registration of a. com's international domain name low only need 55 yuan,. cn Domain Name 38 yuan, and the annual service fee only need 60 yuan. Sales people one-sided advocate registration. cn Domain Name "Low-cost input" and "high rate of return", so that many of the registered people are competing for the pursuit.

An industry insider who once served on the silverclicks (silver dot) Company of Domain name Services told the IT times that the value of a class of domain names is generated, such as 163.com.cn,baidu.com.cn and epson.com.cn, these domain names are operated by the company, extensive publicity, accumulation of traffic, only to produce a considerable value. Some of these domain names have been registered with the trademark owner, and those that have not been registered are the domain name investment opportunities.

These people said, with a well-known companies have links, plus the suffix of European countries, click the price higher. After these domain names have been registered, they will generally gain by selling at high prices.

In the eyes of domain investors, a Hong Kong person living in Vancouver, Canada, is God, his name is Ye.

November 23, 2004, ye with more than 100,000 in his hands of the domain name combination with the United States in Seattle Marchex Company reached a takeover agreement. Marchex Company announced the acquisition of 164 million U.S. dollars in Hong Kong domain name Investors ye the hands of all domain names, including cash for 155 million yuan, 9 million U.S. dollars with stock replacement. In December 2005, the Business 2.0 magazine wrote about Ye: when he sold more than 100,000 domain names to Marchex, it boosted the entire domain name Investment Market. The former programmer master, today's domain master, its "Count of Monte Cristo" legendary experience has been the industry people relish.

The belief in the investment of domain name investors also has a myth about Google's Chinese domain name.

In 2003, Google, which lost the "Google.com.cn arbitration Case", contributed 1 million dollars to buy back the domain name. At that time, the national network to rush the domain name has become the focus of the industry. For a time, "rice farmers" (domain name investors commonly known) to the domain name of confidence began to expand wildly.

The forensic experts who took part in the case also confessed to the journalist: "Google will be the ultimate winner if it takes up legal weapons and continues to defend its interests." However, the enterprise may be from the perspective of development to measure efficiency and fairness, in the face of the need to accelerate the pace of development in China, the reality, Google can only choose to use high prices to redeem their rights. "Some people even speculate that this is the year Baidu company to intercept Google stationed in China an episode."

The "rice farmers" army is expanding

At present, China's professional domain name trading site Easy domain network, its Web site members have more than 30,000 people, and this professional investment, trading site in China has easy to name Chinese, easy to name nets, China Webmaster Forum, such as more than 10, the number of members of the same million. According to industry estimates, 2005, the domestic "rice farmers" has been close to 100,000 people, with the price of the CN domain again, 2006, "Rice farmers" army expanded.

Now open the search engine input "domain name" word, you will find many teach you how to rush the domain name, how to rush the domain name of the Web page, and even how to rush the well-known domain name basic course ABC also impressively in the eye. Plus Microsoft launched on November 30, 2006 to support the "Chinese. cn" Domain name IE7.0 browser. This means that users can simply enter the Chinese domain name in the Microsoft browser's address bar and get to the site directly. Microsoft's move will boost the popularity of Chinese domain names. Some of the domain name investment is still ignorant, superstitious people began to crazy about the Chinese domain name investment.

The huge profits of registrars seem to be on their side. Relying on the agent registered Chinese domain name Ming million Information Technology Co., Ltd. in a short span of four years to develop into a staff of 4000 people, in the country has more than 40 branches of the Enterprise group.

According to media reports, Ming million Information Technology Co., Ltd. 2005 sales of up to 100 million yuan, and the International venture capital agency Soft Silver (Asia) favored, access to tens of millions of yuan of venture capital. Even the industry estimates that 2006, its sales of more than 150 million yuan.

"Passive" is not easy

However, the success of Google domain name dispute can not change the national network in the investment of well-known trademark domain name of the history of failure:

2003, the National network Company's 24 domain names, 22 were sentenced to the complainant; In 2004, 10 of the domain names were passed to the complainants, and in 2005, 15 of the domain names were rejected except 3, and the rest were transferred, and by the first half of 2006, the National network company was still being sued, Of the 10 domain names complained of, only two were dismissed and the remainder were sentenced for free transfer.

More than that, the reality is that more "rice farmers" hold well-known trademarks of the Chinese domain name is no one, many think of the creative domain name has no market.

Tao in Hangzhou, a state-owned factory work, belonging to the first generation of "net" clan, at the outset, he was angry registered dozens of top-level domain names. At that time each register a top-level domain name, plus two years of domain name maintenance fee, almost each domain name to RMB 2000 to 3000 yuan. But a few years down, small pottery is "harvest", in addition to leaving a personal site to their own domain name, the other dozens of domain names because no longer renewals and automatically give up.

Once won the "Voice of Germany" The World's Best blog Award of the network writer Meng Xiao Snake (real name Juan Wenbo), was also a domain name collectors, the original registered more than 10 he can think of the most creative top-level domain name, but so far no one. He said that rely on investment in the domain name to make money like waiting for, those who rely on the domain name "one night Rich" story, can not be asked, because the relative scarcity of domain name resources, "as a later, you can think of, others have already thought of".

"Internet Navigation" (265.com) network President Cai because the FM365 free to Lenovo and overnight fame, but for the domain name investment, he bluntly: "The world to do domain names of hundreds of thousands of people, the real success of the estimated no more than 1000." China does not have more than 30 domain name success, they can make money, others are blind. ”

"Now registered. com Domain name Investment opportunities are not much, registered. cn domain name is not very profitable, and the biggest beneficiaries from the registrar, many gunmen concocted propaganda articles just attract more people crazy." April 22, 2007, Kingling Lawyer in the first Shanghai webmaster party to many owners frankly, he jokingly called himself Cai wins the domain name investment money 30 people.

    domain name on an investment banking site with foreign exchange, stocks, funds, futures are included in investment and financing projects, but for the majority of the expected return, the real wealth realization is like a myth.