Disney and another domain name arbitration win trademark word domain investment need to be cautiou

June 30, 2008, D& N (www.dnfirm.cn); domain name office was informed that the international well-known company Disney won the domain name arbitration respondent, in the "Disney" after the registration of the domain name suffix disneybaby.cn dismissed malicious, Disney asked the respondent to transfer the domain name to Disney Enterprises Inc. (see CND2008000071)

It is reported that Disney Enterprises Inc (Disney

, Enterprises, Inc.) with the registered trademark "Disney" in Chinese, the registered trademark of the approved service project covers 15 categories, at the same time, the company name is "Disney Enterprises, Inc". Disney from March 21, 1990 to register and hold the top-level domain name disney.com, from August 12, 1999 to register and hold the top-level domain name disneybaby.com. The "Disney Baby" (baby Disney) is a main brand for young children by Disney. Disney said in the complaint petition, the respondent registered the purpose is just to fame and effect of the complainant and the brand to obtain improper benefits, at the same time, Disney also mentioned that "the domain name contact Ni is a * * occupation domain name registration and operators, through the scene after the operation to be registered in the name of the complainant the accumulation of a large number of domain name".

arbitration tribunal held that the "Disney" with Disney and related between companies with definite and only the corresponding relationship, the respondent is aware or should be aware of the "Disney" and its affiliates, so unauthorized unauthorized use of "disney". In this case, the complainant also uses the "Disney" as the domain name of the core part of the domain name registration, its malicious is obvious. At the same time, the expert group also believes that "when you register a domain by adding suffix or alternative text symbols is cybersquatters frequently used, the respondent adopts the method of affixation words, that the respondent has malicious subjectively."

So

, D& N domain name firm (www.dnfirm.cn) to remind the majority of domain name investors, for the well-known trademark, especially with the salient features of trademark, the trademark "+" way of cybersquatting, legal risk, the investment need to be cautious. D& N also noted that similar cases of domain name dispute, the panel also made a ruling in favor of the complainant, such as shanghaidisney.com.cn case, disneysport.com.cn case.

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