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Tag Archives: bad faith

China: Cybersquatter asks Chinese court to declare its own domain names invalid

The Beijing Haidian District People’s Court has recently heard a case in which a domain name registrant requested the court to declare its domain name registration contracts invalid. In this somewhat unusual case, the court granted this request concluding that the object of the agreement was cyber-squatting, thereby cancelling dozens of squatted domain names. The

WIPO – UDRP: Proof of bad faith registration crucial

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel denied the transfer of a domain name mainly based on the lack of evidence about the Respondent’s bad faith upon registration of the domain name in dispute. The Complainant was Zeca S.p.A of

WIPO – France: Domain name used for cyber fraud

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a Panel ordered the transfer of a domain name because, although it had never been used for an active website, it had been used to send fraudulent emails in an attempted cyber fraud. The Complainant

A Top 10 Dispute in China

China Business Law Journal has recently announced its ‘Deals of the Year 2016’ recognizing cases that saw the most sophisticated efforts by legal counsel. And as a result our work for Tencent has been recognized as one of the Top 10 Dispute Deals of the Year and the only domain name case on the list.

WIPO: Complainant files UDRP to protect its brand(y)

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a cognac producer successfully obtained the transfer of 10 domain names reproducing its brand under the .TOP and .VIP new generic Top Level Domains (gTLDs). The .TOP gTLD is one of the many gTLDs recently

A sigh of relief: Guangdong Higher People’s Court reduces record trademark damages award in its New Balance appeal judgment.

On 23 June 2016, the Guangdong Higher People’s Court handed down its long-awaited judgment in the New Balance/新百伦-case. In its judgment, the Court upheld the finding of trademark infringement by New Balance, but reduced the damages granted in first instance from RMB 98 million by nearly twenty-fold, to ‘only’ RMB 5 million (approximately USD 750,000).

WIPO: UDRP is a good egg

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a three-member Panel refused to order the transfer of a domain name that exactly matched the Complainant’s trade mark because the Complainant failed to prove bad faith registration and use, given the domain name’s plausible

China’s Supreme People’s Court fences in a new generation of Chinese trademark squatters

China’s Supreme People’s Court (“SPC“) handed down its final judgment in the controversial Castel case. This judgment was long-awaited, as it provides the first SPC response to what can be called a ‘new generation’ of worrying trademark squatting cases. In the case at hand, the SPC seems to step up its efforts to fence in

Hong Kong: Powerless over earlier .HK domain name

The dismissal of a complaint brought under the Domain Name Dispute Resolution Policy for .hk domain names (“DNDRP”) highlighted the importance of adducing sufficient evidence to back up assertions of bad faith. This is especially so when the disputed domain name was registered before the complainant had acquired rights in the relevant trade mark. In

.ONLINE gTLD: Domain name – respondent shoots himself in the foot

In a recent domain name dispute brought under the Uniform Rapid Suspension System (URS) before the National Arbitration Forum (NAF), a panel ordered the suspension of a domain name under the .ONLINE new generic Top Level Domain (gTLD) following the registrant’s filing of a response after a Default Determination ordering the suspension of the domain

US: Domain name – thrown under the party bus

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the National Arbitration Forum (NAF), a panel ordered the transfer of a domain name although registration of the domain name predated filing of the trade mark application. The Complainant was Party Bus MN, LLC., a company that provided transportation services for