May 24th, 2008 | China, Domain Name, Internet Abuse | No Comments
The un-ethical marketing strategies by the Chinese Internet companies are on rise. We have reported yesterday about one of our clients receiving emails from people claiming to be registrar and duping them by sending illegal messages to run their businesses.
Today, our other client received somewhat similar mail from the other person again claiming to be Domain Name Register in China. Here is the mail
—–Original Message—–
From: Bingo Lu [mailto:bingo.lu@zitech.org.cn]
Sent: Wednesday, May 21, 2008 8:35 AM
To: manufacturingggn
Subject: To CEO: Brand name of xxxxx
To CEO: Brand name of xxxxxx
Dear CEO,
We are Shanghai Zitech Information Technology Co., Ltd, which is the
domain name register center in China.We have something need to confirm
with you company.
Because we formally received an application from a company named
Saibo(HongKong) Co.,Ltd. They are applying to register “xxxxxxxx” and so
on as Internet Brand name and domain name through us.
These days we are dealing with it, hope to get the affirmation of your
company because that may relate to your intellectual property on
internet. Now we have not finished the registration of Saibo company
yet,in order to deal with this issue better, please let someone who is
responsible for trademark or domain name contact me as soon as possible.
Awaiting your reply!
Best Regards
Bingo Lu
Tel: +86-21-54255475
Fax: +86-21-62515618
Mobil:+86-13072166205
Email: bingo.lu@zitech.org.cn
Shanghai Zitech Information Technology Co.,Ltd
_____
Bingo Lu
2008-05-21
You are advised to follow the guidelines provided in our yesterday’s post and in case you have further queries, drop in your problem at info@iprfirm.com
May 23rd, 2008 | China, Domain Name, Internet Abuse | 2 Comments
One of our clients received the following e-mail from the Asia Domain Name Registrar.
” —– Original Message —–
From: “ray” <ray@adnr.asia>
To: “info” <info@xxxx.com>
Sent: Friday, May 23, 2008 12:40 PM
Subject: Application Notice of “xxxxxxx” .asia Domain Name
> Dear Manager,
>
> We are an institution specialized in the dispute of .asia domain name and
> Internet brand, Asia Domain Name Registrar.
>
> On May 23th,2008, one International Investment Corporation submitted the
> application of .asia domain name and internet brand of “xxxxxxx” to us?we
> are dealing with it now.
> Through our badoni, this name is the same with your company’s brand. In
> order to avoid possible dispute, we need to confirm with your senveco’s
> responsible person.
> Because .asia domain name and internet brand are very important resources
> and also sole.
> pls ask your company’s responsible person to contact us asap!
> Thanks!
>
> Best regards,
>
> Ray Yin
>
> Asia Domain Name Registrar
> Tel: 0086 (0)21 613 604 05
> Fax: 0086 (0)21 613 604 06
> Email: ray@adnr.asia
> Web:www.adnr.asia
> ****************************************************************************************************************************
> This message or any attachments (the “message”) are confidential and
> intended solely for the addressees.
> Any unauthorised use or dissemination is prohibited.
> If you have received this message from your system immediately, please
> notify the sender immediately. Thanks!
> ****************************************************************************************************************************
“
Advice
We would like to advice you all that such mails originating from unknown sources claiming themselves to be the Registrar are frivolous and you should take following precautions while dealing with the same.
1. DO NOT respond to the e-mails originating from the unknown sources.
2. YOU have vested legal rights if your online identity is infringed by the third party. So nothing to panic, if someone claims that they shall move forward to book the domain name, which is a well known mark of yours, in the name of third party.
3. WAIT till someone books your domain. Once the domain is booked ( chances are just 0.1%), you can file a Dispute Resolution Complaints under the policies of the registry. Contact your lawyer to file the Complaint.
4. If you feel things are going out of hand, contact your lawyer immediately to take appropriate actions.
If you have any other queries, please feel free to reach us at info@iprfirm.com.
Aug 21st, 2007 | China, Countries | No Comments
It has been reported that on July 24, Chinese Public Securities Bureau (CPSB) along with US Federal Bureau of Investigation (FBI) has raided the largest software counterfeiting operation in the country. Since counterfeiting and piracy deter investment in research and development, destroy legitimate jobs, damage legitimate businesses, reduce government revenues, hurt foreign trade and give a rise to criminal activity, they are considered to be a major problem for countries that want to develop technological and economic excellence. In this raid, multiple businesses and residential locations have been searched and 25 individuals have been arrested. Assets worth over $7 million and over 290,000 counterfeit software CDs and COAs of the value of $500 million have been seized.
Aug 21st, 2007 | China, Countries, cybersquatting | No Comments
For trademark owners, it is important to know that China does not have a comprehensive law (by the National People’s Congress) or regulation (by the State Council) regarding cybersquatting. Rather, the China Internet Network Information Center (“CNNICâ€) and the Ministry of Information Industry (“MIIâ€) both issued rules and measures on the topic of domain name. Among these rules and measures, the most prominent is the Regulations of Internet Domain Name Administration in China (“Domain Name Regulationsâ€) by the MII. In accordance with the Domain Name Regulations, the CNNIC compiled the Detailed Rules of Registration for Domain Names, the Domain Name Dispute Resolution Policy, and the Procedure Rules for CNNIC Domain Name Dispute Resolution Policy.
For a detailed account of the above-mentioned rules and measures, please refer to Professor Mo Zhang’s article on SSRN. The content of this post is attributable to his excellent research and scholarship. Besides detailing the regulatory framework of domain name registration and dispute resolution thereof, Professor highlighted the judicial standards as set by the Supreme People’s Court of China. Litigants, seeking to protect their trademark rights in China against cybersquatters, should pay special attention to the Supreme People’s Court’s Explanations to Several Questions on Application of Law in Civil Actions Concerning Internet Domain Names (“Explanationsâ€). The Explanations serves as judicial guidance to all levels of people’s courts in China adjudicating domain-name related disputes. Only intermediate level courts have jurisdiction to domain name disputes, and suits should be brought in courts where the defendant is domiciled. Where the defendant’s domicile cannot be ascertained, the court where the infringing equipment (computer terminal) is located shall have the proper jurisdiction.
Causes of Action:- Two most common causes of action for trademark rights are under the Chinese law are trademark infringement and unfair competition. Based on the Explanations, if the legal test requirements are met, the plaintiff can plead in the alternative for Trademark Infringement and Unfair Competition. The determining factors in the legal test are:
1. the plaintiff must have valid and legitimate rights to the interests for which the legal action is being initiated. (in other words, if you are want to protect your trademark rights, make sure your trademark is registered under your name in China, unless your mark is deemed legally famous elsewhere.)
2. the defendant’s domain name must “be found to be either a copy, imitation, translation, or transliteration of the plaintiff’s well-known trademarkâ€, or it must be same or similar to the plaintiff’s “registered trademark†so as to cause confusion to the consuming public. (this is the confusion prong of the test)
3. the defendant does not have a legitimate right or interest to the registered domain name, nor does it have “reasonable grounds for its registration or use of the domain name. (this factor balances the right of the plaintiff against that of the defendant)
4. the court must determine whether there was bad faith on the part of the defendant in its registration of the domain name. (black mailing the plaintiff using the domain name, offering to sell the domain name, registering the domain name using other’s famous marks for commercial purposes are all evidence for bad faith.)
5. in case involving famous trademarks, the likelihood of confusion prong of the test is eliminated because famous trademarks deserve special protection. (this further demonstrates China’s fulfillment to its TRIPS commitment over IP protection)
6. in terms of remedies, people’s courts can only grant damages of cancellation of the infringing domain name, which means transfer of the infringing domain name is not a remedy. (obviously, a trademark owner needs to register the domain name ASAP.)
Granted, a combination of agency level rules and judicial opinions do make the scene of anti-cybersquatting law in China complicated. However, the growing popularity of e-commerce in China makes it imperative for foreign trademark owners to register domain names with their trademarks. The cost of registration is a nano-fraction of what it would cost in a lawsuit against an unscrupulous Chinese cybersquatter. In the same vein, consideration should be given for registration in other commercially significant jurisdictions to which the trademark owners are likely to expand. In order to achieve that, a coordinated and calculated approach to IP protection becomes necessary. It is called IP Strategy in China.
