The hottest enterprise brand protection cannot ign

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Enterprise brand protection can not ignore network domain name

with the rise of network economy, the rush to register domain names has become a common trend. Recently, Beijing Gome Electric Co., Ltd. sued Beijing citizen Hao Peng to the Beijing first intermediate people's court because Hao Peng personally registered the domain name with the pinyin "Guomei" similar to his "pinyin" and "figure" trademark. On April 11, the case was heard in the first intermediate people's court

Gome company sued that "Pinyin Guomei and figure" and "Gome" were the registered trademarks of Gome Appliance Co., Ltd. Hao Peng applied for registration and use of pinyin "Guomei" similar to the "Pinyin Guomei and figure" trademark as a network domain name without permission, which constituted a copy of its well-known trademark. The defendant Hao Peng did not have any rights and interests in the "Guomei" trademark and trade name, And without any legitimate reason for registration and use, it clearly marked "this address can be transferred, rented or advertised" on the site to prove that its registration of the domain name is malicious preemption

the plaintiff Gome company believes that the defendant's malicious rush to register is to increase the visits of the station by relying on the plaintiff's good reputation on the well-known trademark, so as to achieve the purpose of transferring and renting it to obtain improper high interests. The defendant's behavior desalinated the plaintiff's famous trademark and infringed the plaintiff's exclusive right to use the well-known trademarks of "Pinyin Guomei and figure" and "Gome". Accordingly, Beijing Gome Appliance Co., Ltd. requested the court to recognize the trademarks of "Pinyin and figure Guomei" and "Gome appliance" as well-known trademarks in China; The defendant shall compensate the plaintiff for the economic losses totaling 24000 yuan and bear the litigation costs of this case. Hao Peng, the defendant, submitted evidence and pleaded that the current holder of the domain name was someone else, which had nothing to do with the case

in fact, Gome also experienced a similar lawsuit last year. The Wuhan intermediate people's court ruled that the defendant Wuhan Dawei Electronics Co., Ltd. was ordered to cancel the registration of the Chinese domain name of "Gome.Cn" within 10 days. The court held that the plaintiff, as the legal holder of the Chinese registered trademark of "Gome", enjoyed the exclusive right to use the registered trademark in accordance with the law, and the defendant infringed the plaintiff's exclusive right to use the trademark by registering the trademark of others as its own domain name without permission

in addition to Gome, the domain names of many well-known enterprises have also been registered frequently. It is understood that at the beginning of April, the domain names of two well-known brands of Shanghai Jiahua, MAXAM and Liushen, were rush registered. According to the statistics of CNNIC, the China Internet Network Information Center, since the beginning of this year, dozens of well-known enterprises' domain names including Hengyuanxiang, white cat, sea lion, Antarctica, red double happiness, three guns and so on have been registered in Shanghai alone. Industry insiders pointed out that, in fact, the number of enterprises whose domain names have been registered is far more than these, and with the rapid growth of domain name registration, this data is still rising rapidly, and the current situation of enterprise domain name protection and use is worrying

cnnic officials said that some enterprises had lost their domain names before. It is reported that the enterprise domain name is the "identity brand" of Chinese enterprises. When registering trademarks, enterprises generally register all the Chinese pinyin and English of the enterprise name, while the registrants usually use the above two forms to register the domain name, which also infringes the trademark right of the enterprise compared with other soft foamed materials with many foams and low proportion

contrary to the indifference of some enterprises, multinational companies have taken an almost crazy approach to trademark and domain name protection. When the price of registered domain names was significantly adjusted in March, multinational giants such as Panasonic, Volkswagen, Volvo, Ericsson, etc. frantically registered domain names, or even as many as 100 at a time, involving enterprise, product names and digital combinations, in order to build a thorough and comprehensive network protection circle

for a long time, the primary principle of domain name application is "first note, first serve". According to the regulations on domain name registration issued by the Ministry of information industry, except for the domain names that are limited to registration, other domain names are obtained by the first registrant first, which is also the principle of fair registration widely used in the world. Under this principle, if enterprises fail to take precautions against domain names belonging to their own brands, preemptive registration may naturally occur. It seems that with the rapid development of Internet, it has become a trend for the war of preemptive trademark registration to spread to Chinese domain names. If the exclusive name of the enterprise is scrambled, although China Internet Network Information Center has established a perfect domain name dispute resolution mechanism to resolve such incidents, the cost of money and time paid by the enterprise in this process is really not small, and it is unknown whether the Chinese domain name that was scrambled can be retrieved successfully in the end

obviously, as a part of enterprise brand protection, network brand has become an indisputable fact. Many events have sounded the alarm of brand protection, but on the other hand, we are glad to see that we are confused about the authenticity of the experimental results, which has shortened the assembly time. After a period of development, the domain name has matured, and its potential brand value has attracted more and more attention. There is no doubt that in today's network economy, enterprise stations have become more dazzling than enterprise gates and plaques. For the protection of enterprise brands, domain names are undoubtedly of great importance in the future (China Intellectual Property News)

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