The experience of the grassroots webmaster summarizing the domain name lawsuit case

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June 2008, a paper lawsuit broke his life, make an ordinary grassroots webmaster Jordan face Tort lawsuit, lasted 10 months, he can finally put down a heart, restore calm life, the day before yesterday, the webmaster told me on QQ, said: "Sniper, the final verdict upheld." Thanks for helping me! " At first I feel incredible, because the past so long, has not contacted Jordan, thought this case may be our personal stationmaster lonely curtain call, who had thought, individual stationmaster should sue after the infringement case, through the law, defended own domain name. For his victory I am naturally happy to inspire, this is a few of the personal webmaster victories, happy, but also hope that he has his experience in this case to share more webmaster, at the same time the Chinese webmaster stations are willing to pay more attention to the webmaster rights incidents, and personal webmaster together together. (at the request of the author, no more information about the plaintiff company and his own domain name, to avoid the suspicion of soft text.) )

Experience the summary after a domain name dispute lawsuit

When it comes to domain name disputes, there are generally two ways to solve them, one is arbitration and the other is court ruling. The arbitration can also be resolved through court rulings, which means that the court decision is final. The domain name usually has the interest dispute with the registered trademark, therefore the computer network domain name dispute is accepted by the Court Intellectual Property Tribunal. This kind of dispute must be studied in the Supreme People's Court on July 17, 2001 promulgated the Supreme People's Court on the trial of civil disputes involving computer network domain names of several issues related to the interpretation of the Law (hereinafter referred to the "domain name several issues" interpretation), October 12, 2002 promulgated the " Interpretation of the Supreme People's Court on several issues concerning the application of law in the trial of civil disputes over trademarks (hereinafter referred to as "the interpretation of some issues of trademarks"), but also to understand the "trademark law", "Anti-Unfair Competition Act." In general, it is mentioned in the pleadings that the domain name holder has unfair competition for infringing the rights of the registered trademark owner.

Regarding domain name dispute Court jurisdiction, according to the relevant stipulation, the domain name infringement dispute case, by the tort place or the defendant residence Place's intermediate court jurisdiction. Where it is difficult to determine the location of the infringement and the defendant's domicile, the plaintiff discovers that the computer terminal of the domain name can be regarded as a tort. Here the computer terminal and other equipment location is actually refers to the domain name registration company location. Because my location and domain name registrars are located in Beijing, so Beijing a Chinese court accepted. Usually in the middle court, but like Beijing Haidian District, Chaoyang District can also accept such cases. Because the domain name dispute case trial needs to have the certain computer network knowledge The judge, therefore the General County Court is inadmissible.

What do you do when you encounter a domain name dispute?

First of all, to learn the relevant laws mentioned above, as much as possible to understand the past similar cases, consulting lawyers. When you have a general understanding of things, you have to give yourself a judgment. Whether there is an infringement of their own actions, if the infringement, then the best way is to negotiate a solution, and accept the case of the judge or plaintiff to communicate. If you believe that you do not have a tort, then or consider the negotiations, if the plaintiff did not negotiate in good faith, we will do sufficient preparation. Sue my plaintiff is a deep background of high-tech companies, what is the torch program, a variety of certificates countless, look at its company introduction looks like to overtake Microsoft. And as the defendant I am only a personal webmaster. Obviously the power of both sides is not equal, in order to avoid the case of abnormal factors, so contacted the media, so that both sides in the eyes, who also don't play tricks.

Here's a simple story about the whole process of litigation I've been through:

1. Receipt of pleadings

2. The respondent is the respondent and the plaintiff is the respondent. The pleadings may not be handed over.

3. Receive a summons from the court informing you of the time and place of the hearing

4, the court: When the trial in accordance with the instructions of the judge can be. The main link is the statement, the evidence, the quality certificate, the court debate.

5, the verdict, as if such cases have not been pronounced in court, then have to wait for the verdict.

6, to get the verdict, if the two sides are not satisfied, it will be submitted at the time of the petition.

7. The other party submits the second instance of the pleadings and may not pay.

8. The first instance court will refer the case to the court of second instance

9, receive the second trial summons, ready to reconvene

10, the second trial, the process and the first instance is basically the same, but the second instance only to the dispute between the two sides of the trial.

11, the result of the second instance verdict, this result is final. I have seen the previous domain name dispute cases, basically upheld the original verdict.

The whole process from June 23, 2008 to get the first trial of the indictment, to April 14, 2009 to obtain the verdict of second instance, nearly a year's time mixed.

lost: Lost precious time, carrying a certain mental pressure, there are some economic losses. Get: Through this experience learned a lot of knowledge, the most important thing is to finally keep the domain name. The next thing, do a good job standing.

In the future, there will be a personal webmaster and I have the same confusion, I am happy to share my experience. Again, I hope that the webmaster in the weak situation to unite!