due to the dispute over the ownership of the domain name of the domain name, the domain name owner will be the infringer and the legal representative of Liang court. Recently, the Shanghai first intermediate people’s Court of infringement of computer network domain name and commercial defamation of Shanghai since the first case verdicts, ruling two defendants jointly and severally indemnify Gobi company 60 thousand yuan of economic losses; the two defendants in the "Liberation Daily" published a statement, for the plaintiff to eliminate the impact of Wangteng company.
for this domain name infringement damages, due to the lack of direct legal basis, the court in accordance with the trademark law, the amount of compensation to make a decision.
August 2003, Gobi Partners Limited registered domain name whamsports.com through China million net domain ownership obtained according to law. The following year in May, Gobi company authorized the Shanghai Wangteng Information Technology Co. Ltd. using the domain name "sports game player" website operation. Since then, Wangteng company invested a lot of money, large-scale marketing, so that the domain name obtained very high commercial value.
according to the two plaintiffs, the defendant Yijun Department of Shanghai Valley High Digital Technology Co., Ltd. legal representative, during his time as general manager Wangteng company, without the high Valley company is changed into a domain name management contacts, then transferred to the domain name from Chinese nets outside the domain name registration services, and domain name illegal resolution, until January this year, enter the domain name, enter the website is another two defendants operation. In addition, the two defendants are also published in the Liberation Daily, the contents of false lawyer statement, resulting in the public misunderstanding of the plaintiff, the plaintiff’s damage to the commercial reputation of the plaintiff, then filed a lawsuit to claim compensation for loss of two.
and the two defendant argued that the plaintiff that the defendant is two if the valley high infringement of the company, is the behavior of a beam is two act of duty; if the plaintiff that the defendant Liang is the infringer is just the beneficiary Valley company. Therefore, the two defendants do not constitute a joint tort. Secondly, the plaintiff for the commercial operation of the investment does not mean output, and the two plaintiffs are no longer using the domain name, indicating that the domain value.
after a court hearing, the plaintiff, the company of Gobi to fight for the legitimate rights and interests of the domain name should be protected. The domain name is similar to the trademark right, which has the function of distinguishing the source of goods and services. >