Domain name warfare "longevity Flower" into China's well-known trademarks

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Samsung Group of oil Company production of "Longevity Flower" brand corn oil, sunflower oils products have just won the National Exemption Product Award, recently, the oil company to preach the good news, the company in the Xiangfen County of Shanxi province tao Si Xiang Tao si cun self-employed Wang So-and-so computer network domain name "longevity Flower" trademark infringement disputes, By the Linfen Intermediate People's Court in Shanxi province, Zouping Samsung Oil Industry Co., Ltd. Registered in 2001, the 1,670,777th "longevity Flower" trademark for China well-known trademarks, and sentenced the accused immediately stop using their registered www. Longevity flower. com International Chinese domain name. The trademark is the first country identified by the state of China well-known trademarks, it not only to maintain the legitimate rights and interests of enterprises, won the honor, more importantly for the future protection of their intellectual property has played a model guidance role, has very important significance.

zouping sanxing Oil Industry Co., Ltd. was founded in 1998, is currently the largest professional production and export of corn oil, sunflower seed oils enterprises. The company registered in 2001 the International Classification of the 29th article 1,670,777th "Longevity Flower" trademark, in the domestic and foreign markets with high visibility. Due to the high importance of the protection of the trademark, the company has established a system of brand protection system. In recent three years, successively in CCTV, the national provinces and Cities Television, radio, newspapers, car body and other news media, the "longevity Flower" trademark and its products have been widely in-depth publicity, "longevity Flower" trademark has been widely known. In 2006, the company in the process of Internet intellectual property rights, found that Tao Si Xiang tao si cun, Xiangfen County, Shanxi province the self-employed Wang So-and-so without permission, with the company's trademark "Longevity flower" registered www. Longevity flower. com Chinese International Domain name, and on the Internet for business-purpose activities, its behavior has constituted infringement. To this end, the company filed a lawsuit, requesting the court to legally decide the defendant to discontinue the use of computer network domain name www. longevity flower. com, and bear the costs of this case litigation.

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"Longevity Flower" trademark registered by the oil company in 2001 is legally valid. Not only pay attention to the protection of trademarks, and in recent years invested a lot of money for the trademark and its products advertising, successively in the CCTV 1--8 Channel, some provincial and municipal news media and the Hong Kong Gazette, Xinhua Daily, Jiefang Daily, economic reference, farmers daily, science and technology daily, China food Quality newspaper, Economic daily and other dozens of newspapers, the "longevity Flower" trademark and related products have been widely publicized. "Longevity Flower" trademark has obtained the famous trademark of Shandong Province, famous brand products in Shandong Province, China Edible oil market recognized top ten assured brand, nutrition and health food and many other honorary titles. July 25, 2006, Wang So-and-so and Beijing macro-network Shenzhou Technology Development Co., Ltd. signed the "Domain name, virtual host contract," and so on behalf of the King on the internet registered www. Longevity flower. com International Chinese domain name. Wang So-and-so without the company's permission, for commercial purposes to be well-known trademarks of other people registered as a network domain name, and the use of this network domain name for the operation of agricultural and sideline products, its subjective fault, objectively also violated the company's trademark exclusive rights, so that the interests of the plaintiff were infringed, the court said: In accordance with the "PRC trademark law Interpretation of the Supreme People's Court on several issues concerning the application of law in the trial of civil disputes involving computer network domain names article III, fourth, article fifth, paragraph (a), eighth of the provisions of the company's registered 1,670,777th "Longevity Flower" trademark in line with the "trademark law" 14th provisions of the well-known trademark conditions, It is recognized that the trademark is a well-known trademark in China. At the same time, the verdict of the defendant Wang So-and-so immediately stop using the computer network domain name www. longevity flower. com, and bear the lawsuit cost of this case.

It is understood that at present, the identification and protection of well-known trademarks is a court of intellectual property rights in the field of a focus and hot issues. The people's Court in the trial of cases involving well-known trademarks, in accordance with the "passive protection, case determination," the international principle of the adoption of a positive and prudent attitude to identify. "Case determination, passive protection", that is, only when the trademark registrant thinks that his well-known trademark rights and interests have been damaged and request to protect their legitimate rights and interests, the State Trademark Office or the judiciary to consider whether to identify well-known trademarks, the exclusive right of trademarks can not be singled out to confirm well-known trademarks. The Supreme Court's interpretation of several issues concerning the application of the law to the trial of civil disputes over trademark cases, which began on October 16, 2002, 22nd: "The court in the trial of trademark dispute cases, according to the request of the parties and the specific circumstances of the case, may be involved in the registration of trademarks are recognized by law This provides a clear legal basis for the court as the final arbiter of well-known trademarks and is consistent with the spirit of TRIPS Agreement. Over the years, Samsung Oil Industry Co., Ltd., through the development of independent intellectual property products, cultivate the core competitiveness of enterprises, to start a number of measures to increase the implementation of brand strategy, has become the largest domestic oil production enterprises. The company produces "longevity flower" brand pure corn oil, sunflower oil with its extraordinary quality is favored by domestic and foreign customers, in addition to meet the domestic market, but also a large number of exported to the Middle East, Southeast Asia, Europe and other countries and regions, the market share of more than 70%, reputable, won the honor, but also will be the company to build China corn oil The first brand "creates good conditions."

Edit Note:

1. Complainant (plaintiff) having prior right

(1) To put it simply, others have a legitimate interest in the subject part of your domain name, such as the name of others, trademarks, or even celebrities. and "Prior" means that he has obtained the right to register the domain name earlier than you.

(2) At the same time, even if other people have prior rights, such as trademarks, you can also prove to the subject of the domain name rights, such as the different categories of trademark registration, business name, other reasonable explanation, etc., the arbitral tribunal can not transfer your domain name.

(3) For those who lack significant (such as place names, commonly used words, short letter combinations) of trademarks, businesses, even if the right, the complainant (defendant) can also claim that has been diluted, public can be used rationally.

2. The domain name is identical with or similar to the preceding right subject

(1) The domain name is the text form, the ordinary trademark picture form cannot oppose the domain name;

(2) the trademark + suffix (place name, common word) will be judged to be similar;

(3) Well-known trademark protection scope is large, the similarity degree request is low.

3. The complainant has malicious

(1) Well-known trademarks, well-known trademarks may be registered as malicious;

(2) Common malicious: offer sale, trade, misleading confusion, nuisance registration, do not use, domain name parking, knowledge of contact, phishing and so on.