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Del Hui Claims Economic Loss Due To Malicious Chinese Domain Name Registration

2012/11/8 10:22:00 27

FujianDel HuiSporting Goods

It is reported that recently

Fujian

Jinjiang del Hui will use the Chinese domain name "del Hui sporting goods".

Cn "the holder went to court to submit an arbitration Chinese domain name" de Hui sporting goods.Cn.


According to the query, the domain name "

Deerway

Sporting goods.Cn was registered in 2008, and the registrar has changed to del Hui (China) Limited.


It is understood that Del Hui registered the "del Hui" trademark in April 1991. "De Hui Hui" has strong influence both at home and abroad, no matter it is an enterprise name or a registered trademark.

Defendant Liu Yuhui registered the Chinese CN domain name "del Hui sporting goods".

Cn and build the domain name "del Hui sporting goods network".


Del Hui believes that the defendant is malicious to rush the domain name.

Sports goods

The main part of.Cn "del Hui" is a simple copy of the plaintiff's trademark "del Hui in English and Chinese".

The defendant did not enjoy the prior rights to the main part of his domain name, nor did he have the right reasons for registering or using the domain name. However, he registered the plaintiff's trademark as a domain name for commercial purposes, and deliberately caused confusion with the products provided by the plaintiff, which was enough to cause the public's misunderstanding.


The defendant argued that the plaintiff was not in the same city as the plaintiff and could not know that the plaintiff had the exclusive right to use the trademark "del Hui in English and Chinese". The Chinese domain name "del Hui sporting goods.Cn" applied for registration was the same as the plaintiff's registered trademark, but it was not malicious and subjective.

But the court did not accept the defendant's excuse.


The intermediate people's Court of Fuzhou, Fujian province pferred the domain name of "del Hui sporting goods.Cn" to del Hui company and compensated del Hui's 820 yuan economic loss fee.

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