June 2008, a lawsuit broke his life, making an ordinary grassroots Jordan face infringement litigation, which lasted 10 months, he can finally put down a heart, calm life, on the day before yesterday, the master told me, QQ said: "stop, the final appeal upheld the conviction. Thank you once to help me! "I feel unbelievable, because in the past so long, has not contacted Jordan, think this case may be our personal webmaster lonely curtain call, who had thought, personal webmaster responding to infringement case, by law, to defend their own domain name. I was happy for his successful natural inspiration, this is a personal webmaster for the number of victory, happy, he also hope to share their experience in this case to more webmaster, at the same time Chinese station is also willing to pay more attention to the webmaster events with long ningchengyigusheng and personal station. (at the request of the author, there will be no more about the plaintiff’s company and the domain name he owns, so as to avoid the soft language.
experience a domain name dispute after litigation summary
talking about domain name disputes, there are generally two ways to solve the problem. One is arbitration, the other is the court ruling. Those who refuse to accept arbitration may also be resolved by court decisions, that is, court decisions are final. The domain name usually disputes with the registered trademark, so the dispute over the domain name of the computer network is accepted by the intellectual property court of the court. Meet this kind of disputes must focus on the Supreme People’s court in July 17, 2001 promulgated the "interpretation of the Supreme People’s Court on Several Issues concerning the application of laws relating to computer network domain name civil dispute case" (hereinafter referred to as the "problems in the domain of interpretation"), in October 12, 2002 promulgated the "interpretation of the Supreme People’s Court on Several Issues concerning the application of law in civil cases trademark disputes" (hereinafter referred to as the "problems of trademark explanation"), but also to understand the "trademark law", "anti unfair competition law. In the general complaint, it is mentioned that the domain holder has unfair competition because of the infringement of the rights and interests of the registered trademark holder.
court jurisdiction over domain name disputes, in accordance with the relevant provisions of the domain name infringement disputes involving cases of infringement or the defendant’s domicile in the intermediate people’s court jurisdiction. Where it is difficult to determine the place where the infringement is committed or where the defendant lives, the plaintiff finds that the place where the computer terminal and other equipment of the domain name is located may be regarded as a place of infringement. Where computers, terminals and other devices are located, in fact, refers to the location of the domain name registration company. Because my location and domain name registration business location is Beijing, so the Beijing intermediate people’s court accepted. Usually in the intermediate courts, but it seems that Beijing, Haidian District and Chaoyang District can accept such cases. Since the trial of domain name disputes requires judges with a certain knowledge of computer networks, the general county courts are not admissible.
what should I do when I encounter a domain name dispute?
, first of all, learn the phase above