Domain unionpay.com everyone sues UnionPay

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With the development and expansion of the Internet industry, domain names and related events have gradually become the focus of attention. Recently, Shanghai Pudong New Area People's Court has formally accepted a dispute caused by domain name disputes, caused by the Domain name field of concern, the plaintiff side of this domain name lawsuit is ordinary people: domain name unionpay.com, Mr. Wu, and become the defendant on the one side is headquartered in Shanghai, The prestigious China UnionPay Co., Ltd.

The lawsuit was caused by a domain name dispute complaint filed by China UnionPay Co., Ltd. (China UnionPay) earlier this year to the Asian domain name Dispute Resolution Center (UnionPay), and China UnionPay has its own "Chinaunionpay" and "UnionPay UnionPay" The identity of the owner of the trademark, complained of the domain name "unionpay.com" Mr. Wu registered and use the domain name "unionpay.com" malicious, and brought to arbitration claims dispute domain name "unionpay.com" should be transferred to China UnionPay. The final result is arbitration to determine China UnionPay won.

"Domain name should belong to me", the plaintiff Mr. Wu told the author, domain name unionpay.com as early as 2001 ago has been registered, from the domain name of the historical registration information (WHOIS) can be learned that this domain name was originally a Korean registered, This domain-related site history can even date back to 2000, while China UnionPay is in 2003 registered trademarks UnionPay, the trademark approved services only divided into 41 categories, that is, limited to training, lotteries, organizational meetings, and on November 18, 2005, Mr. Wu through consultations, With the domain name unionpay.com all the people at that time reached agreement and signed the relevant contract documents, then the owner of the party with Mr. Wu agreed to deal as a precondition, automatically waive the domain name renewal responsibility and ownership, by Mr. Wu to re-register and bear the responsibility to renew the title of the domain name nionpay.com. Since then, Mr. Wu commissioned others to develop the relevant procedures, and in March 2006 with this domain name opened the operation of the purchase knowledge website.

However, Mr. Wu did not think that, in May 2008 when he used to operate the group buying Knowledge website server hosting service expired, IDC service provider will transfer the corresponding IP to another client website server use, Because Mr. Wu did not modify the domain name Unionpay.com's a record resolution in time, led to Unionpay.com in January 2009 mistakenly pointed to a second-hand car trading website, this also for China UnionPay to complain that Mr. Wu maliciously uses the domain name to bury the foreshadowing, plus China UnionPay as "UnionPay" , "Chinaunionpay", "UnionPay UnionPay" and other trademarks of the identity of all, resulting in Mr Wu final arbitration failure.

But in the face of such arbitration results, Mr Wu thought it was very unfair, he told the author, that in January was mistakenly pointed to the second-hand car website does not have any words on the UnionPay, that is, there is no use of UnionPay related signs of malicious profit behavior, Just a momentary negligence led to the domain name of their own name points to someone else's website, and how to talk about malicious? Mr. Wu also told the author that he had nothing to do with the second-hand car site, so the outcome of the arbitration and China UnionPay's accusations in the complaint could not convince him, The result of the arbitration, however, made him feel that his domain name was in jeopardy for years, so he decided to stand up against the result of the last arbitration after he had gathered the relevant evidence and consulted the industry. Formally through legal means to maintain their ownership of domain name Unionpay.com, formally sued China UnionPay Co., Ltd.

Mr. Wu also showed the author of his collection of some copies of the evidence, from the relevant photocopies of the author to see that a number of the state administration of industry and Commerce of the Trademark Office on the UnionPay trademark registration certificate, can show over the past few years on the trademark of the relevant approved service items of the historical record, At the same time, the author also saw a copy of Mr. Wu's first purchase of the domain name Unionpay.com signed an English contract, the operation of the Web site when the server's invoices, as well as the domain name mistakenly point to the event to provide server hosting services IDC units issued by the certification of documents such as photocopies.

It is reported that Shanghai Pudong New area People's Court has issued a notice on May 25, 2009, confirmed that the prosecution meets the legal admissibility conditions, decided to file a trial, and will be formally heard in the recent case, we will pay more attention to the follow-up development of this matter.

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