Zhou Libo's domain name dispute, Shanghai court hearing Zhou Libo in person

has registered the "zhoulibo.com" domain name of the Yue asked to take ownership of the domain name last September, Zhou Libo filed a complaint with the Asian domain name Dispute Resolution Center, requesting that the disputed domain name be transferred to its name. Fishing/photography (material picture)

Yesterday afternoon, the Shanghai Second Intermediate People's Court hearing together involving "Shanghai Qingkou" founder Zhou Libo's domain name dispute case, has registered "zhoulibo.com" domain name Yue MoU, will Zhou Libo to court, request for the title of the domain name "rectification", Zhou Libo in person, The Court is requested to confirm that the plaintiff should transfer the domain name to himself.

Petzhou not this, Zhou Libo.

October 2007, as the plaintiff Yueteng registered domain name "zhoulibo.com".

Yueteng The reason why Zhou Libo to court, from last September, Zhou Libo to the Asian domain name Dispute Resolution Center complaints, Zhou Libo with the domain name of the main part and the name of the Chinese pinyin is completely consistent, enough to cause confusion for users, to the center, the request to the disputed domain name transferred to its name. The centre made a ruling in December 2011 to assign the disputed domain name to Zhou Libo.

In this respect, Yuo Tongyu said that he had registered the domain name as early as 2007, started construction station in 2010, and he was a literary enthusiast, and established the literature website to commemorate the famous writer Zhou Libo, who created the works of "Stormy Weather". She does not think she has the subjective right to transfer or rent the disputed domain name to obtain improper benefits, the registration and use of the website is harmless.

At the same time, she also believes that "Zhoulibo" and the name "Zhou Libo" does not exist the inevitable one by one correspondence, and the disputed domain name corresponding to the site for the Chinese contemporary writer Zhou Libo related to the text content, and Shanghai Qingkou founder Zhou Libo without any relationship, will not lead to the confusion of the public, and then to the city of the second court, The requested domain name is not transferred, and it continues to be registered and used.

Yesterday, the city of the second Chinese court hearing the case, the plaintiff Yueteng Yu did not attend, only to the scene of the two lawyers entrusted. The defendant, Zhou Libo, brought two lawyers to the court in person.

Whether the plaintiff is a registered person is challenged

In yesterday's trial, the plaintiff provided several groups including the certificate of registration of the domain names involved in the case, to prove that the domain name for the plaintiff, the plaintiff is the actual control of the domain name. However, in its submitted registration certificate, the domain name registrant is registered as "Hongyi" rather than Yuo Tongyu himself. In this respect, the plaintiff said that the registration is really not the real name, but the plaintiff likes a pseudonym, because the domain name registration is not genuine.

In this regard, the defendant believed that all the evidence of the plaintiff is circumstantial evidence, simply can not prove that Hongyi deep is the plaintiff Yuo Tongyu himself. "The plaintiff is very familiar with the domain name registration process, not the ordinary registrant, is the domain name speculators, malicious registration." ”

Lawyer Zhou Libo also pointed out that in the plaintiff's direction to the Asian Domain name Center submitted by the defense material, confirmed that the signature is also used in the name of "Hongyi deep."

Neither party has any intention to mediate

In yesterday's trial, the plaintiff repeatedly stressed that the registration of the domain name is harmless, and the use of the defendant does not constitute an unfair competition. At the same time, the plaintiff believes that Zhou Libo does not enjoy the right of registration, so the name and Pinyin does not enjoy exclusive rights. The plaintiff also pointed out that the registration of the domain name before Zhou Libo is famous, so there is no malicious registration behavior.

In this respect, Zhou Libo's acting lawyer argued that Zhou Libo had already been famous in the late 80, and that the "Shanghai Qingkou" performance had begun in 2006, before the plaintiff registered the domain name time. Moreover, according to the website of Zhou Libo's notary, the plaintiff tried to sell the domain name at 100,000 yuan, so it has the malice of registering the domain name of Zhou Libo.

As for Zhou Libo's statement, the plaintiff's lawyer said that the domain name is only for the famous writer Zhou Libo produced the literature enthusiasts website, not for profit, and will not mislead consumers for commercial profits. For the site has only been updated two times since the creation of the query, the plaintiff lawyer pointed out that the site since its inception is the purpose of non-profit, but for the plaintiff's personal interests to upload some of the content of writer Zhou Libo.

The plaintiff also denied that the high price of the domain name proposed by Zhou Libo. The so-called domain name Sales information is part of the site's home page was tampered with. The plaintiff's investigation found that some people use the site certification of the way the domain name of the sale of certification, the plaintiff immediately after the report of the first deletion of illegal links. The plaintiff said that it had never intended to sell the domain name. Therefore, she requested the Court to confirm its registration and use of the domain name is not malicious, the request for a domain name does not transfer to Zhou Libo.

At the end of yesterday's trial, when the court asked whether the plaintiff was willing to mediate, the plaintiff indicated that it did not accept conciliation.

Zhou Libo's lawyer said they did not intend to mediate. The case court will be sentenced on a date.

Lawyer's point of view

The act of registering domain names has been dying

To judge whether the domain name constitutes malicious registration, the obligee must prove that there are 3 elements, such as the prior right, the reason that the registered person does not register properly and the person who registers malice. So this case Yue is a malicious registered? Commercial newspaper reporter yesterday interviewed the City Law Association Information Network and High-tech Business Research Committee director, Dacheng law firm Shanghai Branch of the Shangjiangang.

Shangjiangang said that the case of writer Zhou Libo and Qingkou Zhou Libo are celebrities, so the key is to judge the original dispute domain name, Shanghai Qingkou Zhou Libo name as a trademark used, if only as a name used, can not judge the prior rights and domain name is confused.

In addition, Yue said that he registered "zhoulibo.com" domain name, just for the famous writer Zhou Libo, the creation of literary enthusiasts website, it is difficult to judge the other side of malicious registration.

Shangjiangang also believes that in fact, Shanghai Qingkou Zhou Libo can not ignore the domain name was registered, "The domain name is essentially a cross-border addressing tool, is now through Search engine search page, very few people enter domain name, and now the suffix of the domain name has a lot of choices, it can be said that the name of the registered domain names now have ”

In last year's "2011 Shanghai Domain Name Forum", Shangjiangang also put forward the view, "the public sale of domain name does not mean malicious." For example, celebrity-related domain names are registered, as long as the complainant does not actually use the disputed domain name, not used for any celebrity-related business activities, there is no possibility of confusing and misleading the public, then actually does not constitute malicious. ”

However, the domain name is not idle without doubt is wasting valuable social public resources, so to oppose the malicious registration domain name, but also against the domain name hegemony. Shangjiangang called for the protection of the traditional rights of trademarks and trade names online, but also to encourage the application of domain names.