"Newegg" domain name is registered for new eggs to apply for mandatory return

Core tip: In the computer address bar input www.newegg.cn, entered unexpectedly is an operating toy website "99 Toy Net" every reporter Liu from Beijing, "Daily economic news" reporter learned that China edible Fungus Technology Development Co., Ltd. (hereinafter referred to as edible fungus Company) For suspected network domain name infringement and unfair competition dispute by Shanghai New Egg Electronic Commerce Co., Ltd. (hereinafter referred to as Shanghai New Egg Company) to the court, and in the first instance of the lawsuit.　　In addition, because the former delay in the implementation of the Beijing High Court after the agreement reached, the Shanghai New Egg company said in the recent days will apply to the court for enforcement. Adult products sites occupy the domain name "Shanghai New Egg Company found the domain name ' newegg.cn ' by edible fungus Company in 2003." In addition, in the computer address bar input www.newegg.cn, entered unexpectedly is an operating sex toy website ' 99 toy net ', this has greatly harmed the plaintiff's legitimate rights and interests, misled the network user, has caused the plaintiff's reputation to have the extremely bad influence.　　"The plaintiff's attorney, Jun Junbo, a lawyer at Lehman law firm in Beijing, introduced the daily economic news." Newegginc. (New Ai GE) is one of the largest it digital online retailers in the United States, its Shanghai New Egg e-Commerce Co., Ltd. founded the Chinese New Egg Network www.newegg.com.cn, and in 2000 to apply for the registration of the domain name "newegg.com.cn", and in 2003 made "　　Newegg New Egg "trademark exclusive right. It is reported that "99 toy net" owner of the Beijing heyday Tang Medical Equipment Co., Ltd. Department stores.　　December 2008, Shanghai New Egg Company will mushroom company and the heyday of two companies to sue together to the first Intermediate People's Court in Beijing.　　The reporter calls the Beijing heyday Hall Company department store, inquired about its relations with 99 toy NET, the staff of the shop said, "99 toy Net" is their customer, mainly to retail mainly, and the heyday Hall is mainly the adult supplies wholesale net.　　The mushroom company denies the registration of Jun Junbo pointed out that the defendant's domain name is the main part of the plaintiff's well-known trademarks, registered trademarks and domain names exactly the same, enough to cause the relevant public misunderstanding. According to the materials provided by the new United States of America, the average daily visit to the site reaches 60余万次. 2005 sales amounted to 1.5 billion U.S. dollars, 2007 sales amounted to 1.9 billion U.S. dollars.　　China's new Egg network since its inception in China has achieved 400 million yuan sales, registered nearly 690,000 users, Web page access to more than 110 million times. Shanghai new Egg net requires edible fungus company to hand over the domain name this request also is recognized by the court. July 20, 2009 Court first trial verdict: newegg.cn domain name by the plaintiff Shanghai New Egg Company registration and use, and asked the defendant to pay 20,000 yuan for this case dispute.　　Subsequently, the defendant edible fungus company appealed to the higher People's Court of Beijing. December 17 The two sides reached an agreement by the Beijing High Court mediation. EdibleThe company transfers the domain name of "Newegg" free of charge, and promises not to register or be let the same or similar domain name as "Newegg" or "New egg". Finally won their own rights, but the Shanghai new Egg company did not win the joy.　　Since the two sides reached an agreement, the mushroom company has been slow to transfer the domain name action. "Now let Pan turn the domain name, the result he said is not he registered, let us go to someone else."　　Jun Junbo angrily said. "Our company has no registration, no default, and we are not using this site."　　Pan, a legal representative of edible fungus company, replied to reporters on the phone. So who is this site registered and used? "I do not know, now this we (both sides) have mediated, this site is not our registration."　　Pan then hung up the phone. Beijing set good law firm lawyer Zhang Asia told reporters that the current IT industry domain name infringement cases are many, such as just happened two happy net lawsuit. Most of the disputes due to a number of foreign websites are simply registered online, and did not register and register in our trademark Office, to later disputes caused a lot of proof of trouble.　　But the new egg this case, the United States has been in China for trademark and domain name protection and registration, so the responsibility is relatively clear, edible fungus company to do not register the new egg domain name site refused to surrender the domain name is illegal. December 29, Jun Junbo said that the Shanghai New Egg company commissioned, has been ready to apply to a Beijing Chinese academy for Enforcement.