Shantou City Intermediate People’s court recently successfully mediate a case of China’s citizens sued Microsoft Corp computer network domain name ownership dispute.
in January 7th this year, a section of the auction auction from the pool.com won the hotmaiil.com domain name.
January 12th, Microsoft Corp to the U.S. National Arbitration Commission filed a lawsuit to a section of the hotmaiil.com domain name infringement of its HOTMAIL trademark grounds, requiring the transfer of a domain name to its name. The National Arbitration Committee believes that a domain name is a trademark of Microsoft Corp than the increase of "I" and ".Com", gTLDs distinguish without any real meaning, which belongs to the confusion of similar; a the disputed domain name is not well known, and not really provide goods or services or other reasonable use. The malicious registration and use of motivation. In March 2nd, the national arbitration committee to determine the "hotmaiil.com" domain should be transferred to a Microsoft Corp, at the same time a notice, the ruling will be executed within 10 days, unless a section of the appropriate jurisdiction filed lawsuits against Microsoft Corp. In order to prevent the implementation of the ruling, a section on March, 11, Shantou City Intermediate People’s court proceedings.
after the case, Shantou City Intermediate People’s court attaches great importance to the deployed backbone consisting of collegial panel hearing the case. It is understood that the evidence submitted by the plaintiff in this case is relatively weak, even in favor of the domain name to the plaintiff’s name is also involved in the recognition and enforcement of the decision in the United States and other issues. From the plaintiff’s litigation purpose can reach the point of view, the possibility of a larger case mediation withdrawal. Therefore, the collegial panel focuses on the mediation of the plaintiff. The latest news from the case of the collegial panel is the plaintiff in a day before the application for withdrawal, so far, the Shantou court accepted the first computer network domain name ownership disputes ended with mediation.