Jay Sheng Domain name peddling 150,000

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Computer network domain name registration implementation of the "prior application" principle, that is, who first apply for registration. However, if the purpose of registration is malicious, then even the successful registration will ultimately be futile. "Market leader" recently learned that in the Quzhou Intermediate Court sentenced to a network domain name infringement case, a registered domain name for malicious was sentenced to write off. As a result of the defendant's appeal, the case has now entered the second instance procedure.

Jay Sheng Domain name peddling 150,000

From Dongyang, Chen in the South horse town, on August 13, 2007 to the Quzhou Bureau of Commerce and Industry Qujiang branch to apply for business license, opened a friend of Jackie Sheng apparel firm. In August of that year, he registered "Jay Sheng" on the internet through China million net. NET ", and the name of" Geosun "in the computer network on its distribution of clothing for commercial publicity.

Chen a registered "Jackie Sheng" and the use of the "Geosun" name is not out of thin air, in fact, they are a trademark of a business. The enterprise is Ningbo Jie friend Sheng Lighting Co., Ltd., the above-mentioned trademarks are also identified by the Industrial and Commercial Bureau of Zhejiang province as "Zhejiang famous trademark." It goes without saying that Chen is a registered "friend of Jay Sheng." NET "domain name is obviously a map.

According to a friend of the company after the promotion of lighting, Chen has once by telephone way, put forward will "Jie friend Sheng." NET domain name is sold to the company at a price of 150,000 yuan, he also said that if the transaction is not discussed, the domain name will be resold to others.

Claim by the trademark court

It is reported that Ningbo Jie friend Sheng Lighting Co., Ltd. for the domestic professional production of outdoor lighting equipment, products in the industry to enjoy a higher visibility and good business reputation. In 2002, the company was approved to register the "friend Rose" trademark, approved the scope of use for: refrigerators, lamps, electric cookers, lights, spotlights and so on.

September 7, 2007, Ningbo Jie Sheng Lighting Co., Ltd. to trademark infringement, a paper petition will be accused Chen Quzhou Intermediate court.

In court, the plaintiff pointed out that, as a trademark of the exclusive right people, it attaches great importance to the registration of trademarks, renewal, protection and other maintenance work, and put into a huge advertising and maintenance costs. "Jackie Sheng (Geosun)" trademark has been rated as "Ningbo well-known trademarks" and "Zhejiang famous trademarks."

The plaintiff believes that the defendant Chen has no justifiable reason to be with the plaintiff registered trademarks and the same size of the company "Jackie Sheng" registered as their own domain name, easy to make the online public mistakenly think the defendant and the plaintiff and the "Jackie Sheng" trademark between the relationship, which undermines the company's legitimate rights and interests

The plaintiff sued the court to decree the defendant to stop the infringement and to write off the "friend of Jay Sheng". NET domain name.

In this respect, the defendant argued that the defendant and the plaintiff engaged in different industries, they are doing costumes, the plaintiff is engaged in the lighting industry, there is no correlation between the two sides. It is normal business conduct for the defendant to enlarge the enterprise's popularity by registering the domain name, and there is no trademark infringement, so the plaintiff's lawsuit request is dismissed.

Registered domain name constitutes infringement

Quzhou Intermediate Court hearing that, "Jackie Sheng" trademark and "Geosun" trademark is the plaintiff registered effective trademarks, and the provincial trade and Industry bureau identified as "Zhejiang famous trademark." The accused unauthorized use of "Jackie Sheng" trademark registered domain name, and "Geosun" in the name of the computer network on its distribution of the clothing of the commercial publicity, and has offered a high price Shangjio-sheng Lighting company to sell contentious domain name for profit, its behavior is sufficient to cause the relevant public misunderstanding and malicious. So sign up and use "Buddy Rose." NET "network domain name behavior, has constituted to the plaintiff trademark exclusive right infringement, it should bear the corresponding civil liability."

Quzhou Intermediate Court judgment: the defendant Chen immediately stop violating the plaintiff Ningbo Jie friend Sheng Lighting Co., Ltd. "Jackie Sheng" trademark and "Geosun" trademark exclusive rights of the Act, immediately cancellation of its registration of "Jie friend Sheng." NET computer network domain name.

In response to the case of the verdict, Quzhou people in the hospital warned that the relevant enterprises should follow the pace of the network era, timely registration of their trademark domain name, in order to reduce and avoid others to borrow Internet domain name infringement. Attempts to improper interests of malicious registration should be more early to stop, domain name registration is not a shortcut to riches.

Regulatory links

Interpretation of the Supreme People's Court on several issues concerning the application of law to the trial of civil disputes involving computer network domain names

4th The People's court hears the domain name dispute case, to meet the following conditions, the defendant should be found to register, use domain name and other acts constitute infringement or unfair competition:

(b) The defendant's domain name or its main part constitutes a copy, imitation, translation or transliteration of a well-known trademark of the plaintiff, or the same or approximate to the plaintiff's registered trademark or domain name, sufficient to cause the relevant public to be mistaken;

(d) The defendant has malicious intent to register and use the domain name;

5th the defendant's conduct is proved to have one of the following circumstances, the people's Court shall determine that it has malice:

(c) having offered to sell, rent or otherwise transfer the domain name to obtain improper benefits.