The first case of different fate of arbitration due to different domain name suffix in China

D&n Domain name office learned that with http://www.aliyun.com/zixun/aggregation/29832.html ">icann in the global root domain name server to write Chinese domain name, Chinese domain name of the dispute is also beginning to surface, domain name Investment Market is mixed. Recently, with the Olympic Games approaching, d&n domain name Office Researchers concerned about some of the Olympic domain name at the same time, together with the "Bird's Nest." and "Bird's Nest." and "Bird's Nest. China" (Click to view the verdict) has aroused our attention. The crux of the matter is not the disputed domain name involved in the current national stadium Bird's Nest, nor is the disputed domain name belongs to the Chinese domain name which is currently being scrambled, but in the same domain name arbitration case, "the Bird's Nest." The Network, the "Bird's Nest." and "Bird's Nest." and "China" have different arbitration fates: one is dismissed, One was asked to be transferred.

In this case of confrontation between the two sides of a fierce domain name dispute, arbitration experts can be said to be painstaking.

First, about the "Bird's Nest. Network", "Bird's Nest. Company"

And about the "Bird's Nest. Network", "Bird's Nest." Company "two domain name Expert group gives different analysis. The Group of Experts considered that since the term "Bird's Nest" was an existing term with the original meaning ("Bird's nest, Habitat for birds"), its significance as a commercial mark was limited, so the rights of the complainant to the term were not absolute, but should be restricted. The Group of Experts therefore considered that:

Due to the characteristics of Chinese domain name, the Chinese public generally recognize and judge the part and the suffix part as a whole, so we should consider the overall impression of the disputed domain name and the suffix part in the contrast between the disputed domain name and the sign of the complainant's rights and interests. For the disputed domain name "bird's Nest", its overall impression of the public should be the company known as the "Bird's Nest"; for the disputed domain name, "The Bird's Nest, the Internet", its overall impression of the public should be called the "Bird's Nest" network services. This part of the disputed domain name and the suffix part of the combination of the other meaning, the public will not see it as a national stadium. For websites that use this part of the disputed domain name, the public will consider it a company or ISP named the "Bird's Nest", without mistaking it for the operation and management of the national stadium. Therefore, the complainant on the disputed domain name "the nest." Company "," "Bird's Nest." The name used in the network is not entitled to the settlement of the civil rights and interests, the complainant on the disputed domain name "bird's Nest.", "Bird's Nest. Network" complaint does not conform to the conditions stipulated in item eighth (a) of the resolution.

Ii. about "The Bird's Nest. China"

With regard to the "Bird's Nest. China", the Panel believes that in the disputed domain name "bird's Nest, China", "Bird's Nest. cn", its recognizable part is composed of the term "Bird's Nest", which is identical to the name "Bird's Nest", which the complainant enjoys. Accordingly, the Group of Experts considered that:

The complainant would be such a disputed domain name ("Bird's Nest"). China "," the "Bird's Nest. cn") put into use, will make the public mistakenly believe that the use of the domain name site and the 2008 Olympic Games, the main venue of the national stadium has a specific link, to the complainant's website, confusion, to the complainant's interests and even the public interest adversely affected Therefore, the disputed domain name "bird's Nest", "China", "Bird's Nest. cn" shall be identified as having the same name as the complainant's civil rights, and the complainant's complaint against the disputed domain name "bird's Nest", "China" and "Bird's nest.

D&n, a researcher at the domain name firm, found that the entire adjudication process was fraught with internal contradictions and confusion, perhaps for the panel. It is this confusion that has created an unprecedented case of dies, classic or failure, which is, after all, the first case we have known so far that the fates of different arbitrations have been obtained only because of the different domain suffix.