|
|
Related Posts
Bejing Football Club Wins Chinese Domain Name Dispute
In a recent court decision, the The Beijing First Intermediate People′s Court stated that a Beijing Football Club, Juventus (Juventus), had the right to use the domain name “juventus.com.cn” over Nanjing Yixun Technology Co Ltd who was using that domain.
Nanjing registered the domain name “juventus.com.cn” in June 2003 and set up a fan site. Juventus owned international marks in the term “JUVENTUS” since 1996. It set up a coresponding Chinese website “cn.juventus.com” in March, 2005. One year later, Juventus complained to the Chinese International Economic and Trade Arbitration Commission, which decided that Juventus was the rightful owner of “juventus.com.cn” and that the domain should be transferred to them. Nanjing brought the matter to court on appeal.
.CN - Domain names for China, now just $21.99 /yr
Now Available For Registration Worlwide! We Offer China Domain (.Cn .com.cn ) Registrations And Web Hosting Solutions To Establish Your Web Presence In China At Prices You Can Afford!!
Register Your .cn Domain Name Today! (.cn, .com.cn, .net.cn, .org.cn) only $21.99/yr.
China’s Domain Name Dispute Resolution Policy states that a complainant, in this case, Nanjing, must prove the following in order to win his/her case:
A. The disputed domain name is identical or confusingly similar to a name or mark in which the complainant has civil rights or interests;
B. The holder of the disputed domain name has no right or legitimate interest in respect of the domain name or the major part of the domain name; and
C. The holder of the disputed domain name has registered or has been using the domain name in bad faith.
Basing their decision on those factors, the court stated that even though it was legal for Nanjing to set up a website for fans to use, they did so in bad faith. The court found bad faith existed because Nanjing included commercial links to make a profit on its site and Nanjing registered “juventus.com.cn” knowing that the term “juventus” was a well-known football club in China. Lastly, the court decided that it was evident that in registering the domain, Nanjing sought to make money from the “juventus” name, to mislead end users, and to prevent Juventus from using the domain at issue. Nanjing’s claim of appeal was denied and they were required to transfer the domain “juventus.com.cn” to the Juventus Ball Club, as the rightful owner.
You must be logged in to post a comment.
