recently, the dispute over the COM domain name arbitration case frequently broke, a case of injustice caused public opinion and public discontent. After cmz.com, comdell.com, rc3m.com, domain name dispute case, oicq.com cnnews.com has been criticized for many years, also once again surfaced mystery. A COM domain name was the topic of overseas plunder to protect the interests of the domain name can be heard without end, become a major focus of attention of the enterprise and the public China. In order to understand the real situation of COM domain name arbitration, the reporter consulted a large number of data COM domain name arbitration since 2000 China, the surprising result.
according to the national court of arbitration and the World Intellectual Property Organization data show that nearly 120 China related cases since 2000 by the two institutions award, a total of 113 sentenced to transfer, the ultimate success of "encirclement" only 7, managed to keep the registration of domain names is less than 10% cases. But the complaints who are American companies, the most typical year of fame jump by America online complaints from the oicq.com domain name, even if the domain name has been in use for many years, still can not escape the fate of the company by the United States to regain.
it is understood that the COM domain name dispute must take the international arbitration or litigation, the above data is only the sum of the two arbitration institutions, not including other arbitration institutions or by the United States at all levels of court cases, and the data is already shocking.
domain name without security domain name arbitration results repeated criticism of
is the COM domain name from the transfer case analysis of view, most of the complaints are the use of the trademark rights of their own, claimed that the complainant COM domain name malicious infringement of famous trademark rights, and forcibly took the complaint with the name of the enterprise, the brand "edge" of the COM domain name, such as Jiangsu, a company called Saflock Electronics Co.Ltd. (secure electronic lock products) of the enterprise, since 2001 the company name for the keyword register and use saflock.com, but it was from the United States Computerized Security Systems.Inc looted in 2003, losing the domain name.
be too numerous to enumerate a similar case, the recent cmz.com and rc3m.com domain name is the case, because the COM domain leads to excessive protection of trademark rights, domain name registration lost domain name. For this violation to the registration rights of the media and the public have questioned, foreign legal experts have pointed out that the arbitration institution over the protection of trademark rights, has seriously infringed the rights and interests of the parties to the registration of the domain name registration, caused dissatisfaction.
domain name rights should not be ignored
it is reported that, due to the COM domain name is managed by the United States Agency, the application of the United States law, in the treatment of Chinese and American companies registered, the arbitral body will inevitably habitually