The first instance of "Lu Xun's domain name" requires the defendant to stop using Lu Xun's domain name

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The King of Wuhu registered "Lu Xun. cn" "Lu Xun, China" and corresponding to the traditional Chinese character domain name, last October was Lu Xun's son Zhouhai to court. Today, the King from Wuhu received the court's verdict, the verdict of the king to stop using Lu Xun domain name, bear the plaintiff 6000 yuan fee, but for the plaintiff put Lu Xun domain name into Zhouhai name, the court does not support, the defendant Wang has appealed.

Lu Xun's son Zhouhai

Preemptive Domain name

2004, Wuhu Citizen Feng (alias) registered Lu Xun, CN, Xun, CN and Lu Xun, China and other four Chinese domain names, according to Feng said that the four domain names each year to 320 yuan domain name fees, and the domain names to commemorate the site. March 19, 2009, Lu Xun's son Zhouhai will Feng to court, demanding that four of the disputed Lu Xun's domain name transferred to him.

Litigation at the trial site of "Lu Xun domain name"

Zhouhai said that Lu Xun, a great Chinese writer, thinker, revolutionist and educator, has been hailed as "soul" by the people of China and has far-reaching influence in the public. Feng's behavior violates the regulations of relevant laws and regulations, and seriously infringes Lu Xun's personal interests such as his name, causing great spiritual damage and causing bad influence in the society.

In the lawsuit, Zhouhai put forward two claims: first, the defendant immediately stop using "Lu Xun, cn" and "Lu Xun, China" and the corresponding traditional domain name tort;

Response to prosecution

March 23, 2009, the first Intermediate People's Court of Beijing received Feng's application for jurisdiction objection, Feng to the first Intermediate People's Court of Beijing to challenge the jurisdiction of "the civil dispute case of computer network domain name, which should be governed by the Intermediate People's Court under the jurisdiction of tort or the defendant's domicile". Lu Xun's domain name dispute case should be heard in the Wuhu court, thus, Feng formally responded to Lu Xun domain name dispute case.

Dismiss objection

April 22, 2009, Beijing, a Chinese court has made a ruling, dismissed Feng on the network domain name dispute case jurisdiction raised objections, the case continues to be governed by a Beijing municipal court.

Beijing's first Intermediate People's Court said that in the case, Zhouhai accused the defendant of registering, using the domain name of the infringement of the plaintiff's legitimate rights and interests, the first Chinese court in Beijing has jurisdiction over the case. Consequently, the grounds for jurisdictional objections advocated by the accused could not be substantiated and the court would not support it. The first Chinese court in Beijing to accept the dispute of the domain name of Lu Xun, in the first instance, the Zhou Haiyin in Beijing ruled the plaintiff won, four Lu Xun domain name should be handed over to the plaintiff.

Feng said that the first Chinese hospital in Beijing to determine the tort of vague terms is questionable, he thinks the domain name registers in Wuhu, the dispute case should be entertained by the Wuhu court, moreover, Feng to the Beijing first Chinese academy's ruling Zhouhai wins the domain name dispute, Feng said, according to the International Pass Law, domain name registration is "first Note first". And since the successful registration of the "Lu Xun. cn" Domain name, he did not use the domain name for speculation or commercial operation, and the domain name turned to the "Memorial Network", did not maliciously use the disputed domain name.

High Court appeal

October 26, 2009, "Lu Xun domain name" caused by the controversial case in the Beijing court formal session.

Feng said that he is the domain name enthusiasts, know the national leaders and other special characters can not register domain name, but in the registration of Lu Xun's Chinese domain name, there is no obstacle. History of other celebrities (poet Li Bai, du Fu) of the domain name can be registered, including Feng I registered other celebrity domain name, the registered Lu Xun domain name does not violate the laws and regulations of domain names registration. Feng further said that no matter how the court's final verdict, will be active in court.

October 26, the Beijing court announced that Lu Xun domain name dispute case was chosen to sentence. Netizens said that Feng maintenance of the domain name of the rights of action is imperative, China has not issued any registration protection regulations of the relevant laws, Feng rights of action legal and effective.

Experts call

On the Internet due to disputes over domain name disputes are common, from large enterprises to personal webmaster, activist behavior has become more and more widespread, in the dispute domain name resolution policy, Asia currently has three domain name dispute resolution arbitration agencies, but in the relevant protection of domain name registration regulations, in China there is no relevant laws. According to the implementation of the "China Internet Network Information Center domain name Dispute Resolution" of March 17, 2006, "The sale of domain name", "Registered domain name" is no longer identified as malicious.

The case is a typical example of domain name disputes arising from celebrity cultural domain names. Relevant sources said, in order to avoid the celebrity culture caused by the domain name dispute, the registration and protection of cultural celebrities domain names, including other types of social rules of the protection of the domain name laws and regulations should be gradually improved.

Experts call for the Government, enterprises and even deceased celebrities ' families or disciples to be aware of the influence of celebrities and the particularity of Internet domain names, and to take protective measures as soon as possible to prevent the loss of priceless assets. This article by http://www.wgzhongjia.com Webmaster Friendship feeds!