Wo Erma is recaptured grab note company of Nanjing of Chinese domain name to be sentenced tort
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The iron in Nanjing is grabbed note be sentenced unfair competition Wo Erma is recaptured grab register Chinese domain name
Business signs up for dispatch (reporter Zhang Xiaorui) the whole world is retail the Chinese brand of tycoon Wo Erma ever by Nanjing company of a science and technology is grabbed register network domain name. Yesterday, the reporter learns from company of Beijing of fertile Er Ma, case of dispute of this network domain name wins victory with Woerma terminative, beijing tall courtyard adjudicates science and technology of the iron in grabbing the Nanjing that registers a domain name develops limited company " unfair competition " .
According to Woerma Beijing company relevant controller introduces, wo Erma company discovered 2004, "Fertile 爾 瑪 . China " , " Woerma. China " , " .cn of fertile 爾 瑪 " and " Wo Erma.cn " 4 domain names were developed by science and technology of the iron in Nanjing on July 24, 2003 limited company (next weighing " the iron in Nanjing " ) grab note. If be in IE address column,input " Wo Erma.cn " , can enter the commerciality website of the iron in Nanjing. Other 3 domain names are not had after register use actually, input respectively in IE address column " fertile 爾 瑪 . China " , " Woerma. China " , " .cn of fertile 爾 瑪 " when, all appear " cannot show a webpage " page. With respect to the circumstance that these 4 domain names are grabbed to note, company of fertile Er Ma arbitrated to Hong Kong international on August 25, 2004 the center is complained. And during program of domain name complaint handling, the iron in Nanjing is northerly the first intermediate people of capital city forensic to lodge a complaint, request court court decision affirms its are registered use afore-mentioned domain names lawful. Be aimed at the prosecution of the iron in Nanjing, company of fertile Er Ma also counterclaim, the iron in asking the court sentences your Nanjing stops tort and cancel 4 domain names that its register.
One quadrangle of Beijing adjudicates at making first instance on June 17, 2005, think: Company of fertile Er Ma is right " Woerma " enjoy lawful and effective civil rights and interests, the iron in Nanjing is registered, domain name of use experience case, violated honest credence principle, already made unfair competition. And the iron in Nanjing refuses to obey first instance court decision, court of senior people of northerly capital city (Beijing tall courtyard) mention appeal. Beijing tall courtyard adjudicates at making final judgment: Reject the appeal of the iron in Nanjing, maintain original judgement.
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