July 30th at 9:30 in the morning, the Liaoning Provincial Higher People’s court held a public hearing of the appellant Dalian eye Network Ltd. and appellee group Limited by Share Ltd, defendant Lu Lei computer network domain name dispute appeal case. That is involved in the dispute over the domain name dashang.com network in Liaoning Province Higher People’s court hearing.
according to a trial situation introduction, the group found Dalian eye and Lu Lei on the Internet with malicious cybersquatting domain name "dashang.com" and the use of the domain name established "big network" online commodity retail business. I think the group’s actions violated the trademark right and firm the exclusive right of large business groups, and unfair competition.
therefore, the group asked eye network company to stop infringement, the ownership of the disputed domain name by the group registered, eye Dashang group company to compensate economic losses of 10 thousand yuan, and bear all expenses of the plaintiff appeal. The court agreed to appeal, the judgment of the first instance the domain name for a large business group all.
July 30th, the company over to the Liaoning Provincial Higher People’s Court of appeal of a large business group, said the www.dashang.com domain name is not tort. I think the company, a large business group company eye do not infringe upon the exclusive right to use a registered trademark, a large business group firms not "big business", but "big business group, the company will not give in large business groups, corporate reputation goodwill infringement.
in addition, eye company also said that the company is established to provide web services, no retail business; eye company has an interest in the domain name, there is justification for the registration and use of the domain name. The original registrar Lu Lei said in the first instance, the case involving the domain name dashang.com by eye network company registration, and Lu Lei totheimpersonal.
case is one of the new cases in the Internet environment near the famous trademark domain name, is a typical case of domestic cultural brand rights, corporate rights. In recent years, the phenomenon of "famous brand" has gradually extended from the tangible goods and services to the network culture industry. In another development, the domain name registrar dashang.com is currently involved in a foreign country, even if the group is successful, it is difficult to estimate the execution of judgment.