· case ·
steaming soup shop owner registered "Yellow Crane Tower" similar domain name court finds malicious registration of
2008, Jiangxi steamed soup shop owner registered tobacco companies in Wuhan "Yellow Crane Tower" trademark as a domain name, a court convicted of infringement. "Yellow Crane Tower" tobacco products in Hubei, Wuhan and even the country, have a certain reputation. However, people did not think it is, "www..Cn," www. Yellow Crane Tower trading "Yellow Crane Tower trading. China", "www..Cn," www. Yellow Crane Tower cigarettes "Yellow Crane Tower cigarettes. Chinese" Chinese domain, the human is not related to the tobacco companies, but in Jiangxi Province, a steaming soup shop owner Deng a.
tobacco companies that Deng Chinese main part of a registered domain name with the company "Yellow Crane Tower + graphics" trademark, the web page will be the registered trademark as its mark, Deng has constituted an act of tobacco companies registered trademark infringement. Then sued the Wuhan City Intermediate People’s court, asked Deng to immediately stop the infringement, and immediately cancel the relevant domain name.
court, Deng argued that their subjective doesn’t want to borrow the plaintiff registered trademark for its own development, propaganda on the Internet and catering business the steamed soup is not similar products, there is no infringement of the plaintiff’s registered trademark, and the country is currently no relevant legal provisions to restrict the trademark name cannot be used as Internet domain name. Request the court to dismiss the plaintiff’s claim.
court believes that Deng registered four names a major part of the "Yellow Crane Tower" and the plaintiff registered "Yellow Crane Tower + graphics" trademark is the same, the registered trademarks of tobacco companies in the computer network environment, simple replication; Dengmou is business catering, are associated with the plaintiff trademark goods; "Yellow Crane Tower + graphics" is a registered trademark of tobacco companies legally held, legally privileged, Dengmou without permission to use the registered trademark, and the registered "www. Yellow Crane Tower cigarettes.Cn four domain name, easy to cause the relevant public mistake, so Deng to apply for the registration of the network domain name, do not have legitimate reasons; Deng use" www. Yellow Crane Tower cigarettes.Cn four domain name, engaged in product promotion, online trading and other activities, to enhance the product trading opportunities, its behavior is obviously Business purpose.
according to the Supreme People’s Court on the trial involving "computer network domain name civil dispute case applicable legal interpretation" of the provisions, the court held that Dengmou application for registration, the use of "www. Yellow Crane Tower cigarettes.Cn four domain with malicious behavior.
is the domain name registration
legal identification protection clear search
today, you will find an interesting phenomenon: once an incident happens, and this thing related words will immediately for the domain name was registered. You might wonder what it’s like to register these domains. In fact, in addition to a small part of the