The domain name rights-defending event should treat the domain name preemption cautiously

Source: Internet
Author: User

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Recently, two world giants such as BMW and Mobil oil companies have taken up rights-defending weapons because of the registration of their associated domain names. BMW has been registered domain name is bmw-bmw.com, after the Asian domain name Dispute Resolution Center arbitration, the result of the current domain name holder "Yan Xuelong" (Registration Bureau registration information Display name of the domain name) will transfer the domain name to the BMW company.

The situation of Mobil oil is more complicated, as early as 2005, Mei Foo International Oil Group Limited (not our well-known Exxon Mobil Group) and West An Qingqing Company registered the "American Mobil Oil. CN", "American Mobil Oil, China" domain name and to do some product counterfeiting, A Chinese court in Shanghai recently sentenced Mobil Oil Company to win, the defendant stopped infringement, and compensation loss of 500,000.

The same 863.html "> Domain name registration in other cases but another scene, such as Google in the beginning of China, it had to spend a lot of money to buy google.cn domain name, Tencent to foreign countries also had to spend a lot of money to buy qq.com. It is said that China has a group of dedicated domain name investment people, they register some high-quality domain name grabs, some domain name directly is some foreign giants in English or Chinese pinyin, they get a rich return.

Why does the same registration Act have a very different outcome? It should be prudent to register domain names.

Strictly distinguishing domain name investment and malicious registration in Domain name registration

Positive domain name registration is the domain name investment, for example, the domain name investors have a very strategic vision, and have sufficient resources, then he can invest in those very valuable domain name, even in many have very good prospects of foreign companies, domestic companies, industry has not been done, in the domain name protection and do not do in place, There are many resources have not been discovered, he has occupied the domain name of the Internet high point, when the market matures, these domain name investment can bring him a huge profit. The negative side of the domain name registration is malicious registration, such as the case of BMW, Mobil Oil Company encountered in this category. By registering a well-known trademark enterprise's associated domain name, the operation of similar products, or is registered after contact with the original enterprise high price redemption, belong to the domain name of malicious registration. Of course, in specific cases, the evaluation of malicious registration needs a variety of investigations and reviews, and can not be generalized. Therefore, it is necessary to distinguish strictly the domain name investment and malicious registration.

Take BMW's "bmw-bmw.com" domain name for example, if this domain name in the BMW has not entered the Chinese market, especially not to become a registered trademark, is the domain name holders feel good and registered, then it is not necessarily a tort. There is a subjective and malicious problem, because in China, the previous understanding of "BMW" is not necessarily "BMW", it can be "convenient network", "Help Network", "Registration Network", "Nanny net", "White Horse King" and other abbreviations, registered this domain name to do a service to provide residents of the convenient website, Help each other web site, for people to find nanny's nanny website and so on, so there is no subjective factor of malicious registration. However, the domain name holder was registered on March 14, 2008, and the use of "bmw-bmw.com" to build a BMW-related website, to provide telephone contact sales, which obviously has a tort problem.

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