Morning paper dispatch (reporter Wang Xiaoxing) yesterday, the one paper report of town of court of the first intermediate people, make treasure clean company wanted to answer product of its washing powder " the domain name access of TIDE " of discard be soiled. The court is as long as this the first instance judgment of 9000 words, detailed the authority that elaborated law to be protected to the domain name. This year on March 22, treasure clean company sues group of electron of Beijing heaven and earth, say " heaven and earth " use " Tide.com.cn" violated its trade mark right for the behavior of its company domain name, and make unfair competition. "Heaven and earth " say oneself register this domain name according to transliteration and free translation, this domain name also is used at introducing world company and its product all the time, because this does not form tort.



The first instance that made to this case yesterday adjudicates, undertook cognizance to this case not only, right at present the domain name grabbed the phenomenon that note to also undertake law is discussed. The court decision says, the character of the domain name makes its have important intellectual property sense in commercial domain. "TIDE " belongs to well-known logo, the protection to it should involve a domain name, " heaven and earth " use " TIDE" is a domain name, enough brings about the public to be opposite of its provenance promiscuous, and desalt " the significance of TIDE " , prevented treasure clean company its well-known logo uses at the domain name with the most concise means register, because this court adjudicates such behavior violated the special right of registered trade mark first, also made unfair competition at the same time.

In the court decision, the judge returns argumentation to say, without administration cognizance program does not belong to the view of well-known logo to do not have legal basis, whether the brand that the court has authority to be involved with respect to the case is celebrated make maintain; Concern the issue of civil rights and interests to what registered domain name place arises, people court has right administer. As we have learned, at present countrywide court has heard the case that involves a domain name ten cases, accordingly, to this the court decision of the case will be a legal precedent, have certain direct effect.

(On November 22, 2000 " Beijing morning paper " )