D& N domain name firms to understand, with ICANN written Chinese domain in the global domain name server, Chinese right and wrong comments also surfaced, domain name investment market is different. Recently, with the Olympics approaching, the domain name N D& firm researchers also involved with the domain name of the Olympic Games, the "bird’s nest.", "nest." and the "bird’s nest. The domain name dispute case Chinese" (see the award) attracted our attention.
The key problem of
is not related to the current domain name dispute world-renowned National Stadium Bird’s nest, nor in the disputed domain name belongs to the currently fired the Chinese and raise a Babel of criticism of the domain name, the domain name is in the same arbitration cases, the "bird’s nest.", "nest." and the "bird’s nest. China" has a different arbitration fate: one is rejected, a transfer request.
the two sides clash in a fierce dispute cases, the arbitration expert can be said to be painstakingly.
a, about "bird’s Nest China"
on the "nest. China", the Group believes that the bird’s nest in the disputed domain name ". China", "bird’s nest.Cn", it has to identify the role of the part by the "bird’s nest" is a word, this part with the complainant entitled "bird’s nest" exactly the same name. Accordingly, the expert group believes that:
the respondent of the disputed domain name (such as the "bird’s nest" nest. Chinese ",.Cn") is put into use, will make the public mistakenly believe that the use of the domain name of the website and the 2008 Olympic Games are associated with each other is the main venue for the National Stadium, which opened the complainant’s website, the formation of confusion caused by the adverse effects to the complainant the interests and the public interests. Therefore, the disputed domain name "bird’s nest" nest. Chinese ",.Cn" should be recognized as complaints and people enjoy the civil rights and interests of the same name, the complainant in the disputed domain name "bird’s nest" nest. China ",.Cn" complaints conform to the solution approach to Article eighth (a) the provisions of the conditions.
two, "bird’s nest, network", "bird’s nest" company "
on the "bird’s nest, network", "bird’s nest," the two domain name expert group gives a different analysis. The Group believes that due to the "bird’s nest" is a word with the original meaning ("bird nest and roost") of the existing vocabulary, as the commercial mark was limited, the complainant in respect of the rights and interests of the vocabulary is not absolute, but should be limited. Therefore, the expert group believes that:
Because of the characteristics of
Chinese domain, it is generally China public recognition and suffix as a whole understanding and judgment, therefore in the disputed domain name with the complainant rights sign, should the whole impression recognition part and part of the disputed domain name suffix to be considered. For the disputed domain name "bird’s nest, the company", the overall impression of the public should be the name of the "bird’s nest" of the company; for the disputed domain name "bird’s nest network", the overall impression of the public should