University Letter Domain name is "your big uncle" to register the name

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To "your uncle" as the name incredibly can also successfully registered domain name, and the domain name for a certain college Hanyu Pinyin spelling. "Your big uncle" Use this domain name to make a certain college a parody. A certain college is prepared to uphold the law of their reputation, but how can not find out "your uncle" is the holy, a network service companies can not find "your uncle" whereabouts. So, a certain college will be online service company to court. October 26, Jiangsu Province Suqian The case, the defendant of an Internet registration service company in the application for registration of the first class domain name of the applicant to provide registration services in the process of their identity information did not make full statutory review obligations, resulting in the applicant to the fictitious name of a successful registration of a certain college pinyin domain name, Violates the plaintiff's lawful civil rights and interests, and causes the plaintiff to not be able to prosecute to the direct infringer, the Network service organization is sentenced to write off certain pinyin domain name, in the national newspaper issued the apology Declaration, eliminates the influence.

The plaintiff was a higher education institution approved by Jiangsu Provincial People's government in June 2002. December 2008, the plaintiff a staff by clicking on the "Baidu" site, and then enter a University of Chinese characters, shocked to find a series of related to a University of slander report. such as "Counting Money College Truth", "the victim of a certain college", "a certain college homicide", "a certain college dean corruption case" and so on. Its content is to the plaintiff's negative, negative description and evaluation, some words rather sharp. The staff member immediately reported the situation to the school leader. The school leader applied for two notary notaries to collect the above evidence. And entrusted a lawyer to write to the defendant, asking the defendant to cancel the domain name. "The space used by the domain is not in our division, I am not allowed to deal with the domain name," the defendant said. After checking the current state of the domain name has been unable to access, and I have been notified that the domain name holders to modify the registration information. ”

But a few days later, only the name of the domain name holder changed, the domain name still exists. In case of difficulty in locating the name holder, the plaintiff will sue the defendant to the court, ask the defendant to stop the infringement immediately, cancel the domain name of the network and eliminate the influence. The defendant defended himself in the name of no interest to the domain holder, no obligation or right to review the content of the website and not the actual infringer.

Suqian in the court that the case involved in the network domain Name system and a combination of all, the domain name will allow the relevant social public and "So-and-so College", that the domain name is the plaintiff registered. At the same time, the case of the domain name holder registration of the domain name without justification, its registration, use of the domain name in order to attack the plaintiff, with obvious malice. Therefore, the domain name has constituted infringement on the plaintiff. According to the relevant provisions of the network domain name registration, the network Registration service organization has the obligation to audit the applicant's true identity and other information. But the defendant is unable to provide the court with evidence that the identity of "Your uncle" has been audited. Obviously, the information submitted by the domain applicant is false and the defendant should know that the information is untrue. According to the relevant provisions: "Because of the possession or use of domain names and infringement of the legitimate rights and interests of others, by the domain name holders." In this case, because the defendant did not make the legal obligation to review the real information of the domain name applicant, so that its registration successful, resulting in the plaintiff was continuously committed infringement, and to the plaintiff in the infringement of rights, to the direct infringer claims the right to be hindered. Therefore, there is a certain causal relationship between the defendant's fault behavior and the damage consequence. The defendant shall assume responsibility for the cancellation of the network domain name, and shall clarify the facts to the public in order to eliminate the impact. Accordingly, the Suqian court has made the foregoing judgment according to law.