Infringer sentenced to 60,000 Shanghai domain name infringement case

Enterprises, Governments, non-governmental organizations and other institutions or individuals registered on the Internet is the name of the Internet enterprises or institutions to contact each other network address. An entry in an Internet address, such as an assumed address domain.com

A string of easily memorized characters corresponding to an Internet Protocol (IP) address, consisting of several 26 Latin letters from A to Z and 10 Arabic numerals of 0 to 9 and "-", "." The symbols are composed and arranged according to a certain level and logic. There are also some countries in the development of other language domain names, such as Chinese domain names. Domain name is not only easy to remember, and even if the IP address changes in the case, by changing the resolution of the corresponding relationship, the domain name can still remain unchanged.

The network is based on TCP/IP protocol for communication and connectivity, each host has a unique identity fixed IP address, to distinguish between thousands of users and computers on the network. The network uses a unique, universal address format to differentiate all connected networks and hosts, that is, each computer and server connected to the network is assigned a unique address. In order to ensure the uniqueness of the IP address of each computer on the network, the user must apply to a specific institution for registration, which assigns the IP address according to the network size of the user unit and the recent development plan. The address scheme in the network is divided into two sets: the IP address system and the domain name address system. These two sets of address systems are actually one by one corresponding relationships. The IP address is represented by a binary number, each IP address is 32 bits long, consisting of 4 numbers less than 256, with a dot interval between the digits, for example, 166.111.1.11 represents an IP address. Because the IP address is a digital ID, it is difficult to remember and write when it is used, so a symbolic address scheme is developed on the basis of IP address to replace the digital IP address. Each symbolic address corresponds to a specific IP address, so the resources on the network are much easier to access. This is the character-type address corresponding to the digital IP address on the network, which is called the domain name.

Visible domain names are the name of the Internet unit, is a computer to board the network of units in the address of the net. If a company wants to establish its own home page on the network, it must obtain a domain name, which is composed of several parts, including numbers and letters. Through this address, people can find the required details on the network. Domain name is an important sign on the network of Internet units and individuals, which plays a role in identifying and retrieving information resources of an enterprise, organization or individual, so as to better realize resource sharing on the network. In addition to the recognition function, in the virtual environment, the domain name can also play the role of guidance, publicity, representative and so on.

Due to disputes over the attribution of the network domain name, the domain owner will sue the Infringer and the legal representative on the court. Recently, the Shanghai First Intermediate People's Court to violate the computer network domain name and commercial defamation case to make the first trial sentence: The tort party to compensate the owner of the domain name of 60,000 yuan.

August 2003, Gobi Partner Limited registered the domain name whamsports.com through China million net, obtains the domain name ownership according to law. The following May, the Gobi Company authorized Shanghai Wang Teng Information Technology Co., Ltd. to use the domain name to operate the "player Sports" website. Since then, the company invested a lot of money, large-scale market promotion, so that the domain name has been very high commercial value.

According to the original told, Liang is the defendant of Shanghai Valley High Digital Technology Co., Ltd. legal representative, during his tenure as general manager of Wang Teng Company, he arbitrarily changed the Valley High company into a domain name management contact, and then transferred the domain name from China million network to the overseas Domain name registrar, and the domain name was illegally resolved, until January 2008, enter the domain name , entered into a separate Web site where the two defendants operated. In addition, the plaintiff believed that the defendant in the liberation Daily published a false statement of lawyers, resulting in public misunderstanding of the plaintiff, damage to their business reputation, and then filed a lawsuit to seek compensation for damages.