How Do I Settle a Domain Name Dispute?
Domain name disputes refer to disputes arising from the registration or use of Internet domain names. This raises some legal issues. For the solution, please refer to the Measures for the Resolution of Domain Name Disputes of China Internet Network Information Center, the Measures for the Administration of China Internet Network Domain Names, and the Rules of Procedure for China Internet Network Information Center Domain Name Dispute Resolution Methods.
Domain name dispute
- GTLD disputes, including the original 3 top-level domains, namely .com, .net and .org, and the 8 top-level domains subsequently approved by ICANN, namely .biz, .name, .info, .pro, .coop,. aero and .museum. and .red
- Domestic English domain name disputes, including .com
- Asian Domain Name Dispute Resolution Center,
- First
- In order to resolve Internet domain name disputes, these measures have been formulated in accordance with the relevant laws, administrative regulations and the Administrative Measures for the Management of Internet Domain Names in China.
- Article 2
- This method applies to disputes arising from the registration or use of Internet domain names. The domain names in dispute should be limited to those managed by the China Internet Network Information Center
- The complainant and the respondent shall bear the burden of proof for their respective claims.
- eighth
- Complaints shall be supported if the following conditions are met:
- The domain name being complained about is the same as the name or logo of the complainant's civil rights, or has an approximation sufficient to cause confusion;
- The complained domain name holder does not have legal rights to the domain name or its main part;
- On July 30, 2007, the complainant implemented the "Hong Kong Domain Name Registration Co., Ltd. Domain Name Dispute Resolution Policy" ("Policy") which was implemented by Hong Kong Domain Name Registration Co., Ltd. (HKDNR) from June 27, 2005, and in June 2005, The Rules of Procedure of the Hong Kong Domain Name Registration Co., Ltd. Domain Name Dispute Resolution Policy (the "Rules") and the "Hong Kong International Arbitration Centre's Supplementary Rules for Domain Name Disputes" ("Supplementary Rules") which came into effect on 27th The Centre (HKIAC) (hereinafter referred to as "the Centre") submitted a complaint and chose to have the case heard by a three-member expert panel.
- On August 3, 2007, the Center sent a request confirmation letter to the domain name registrar, Hong Kong Domain Name Registration Co., Ltd. (HKDNR), requesting confirmation of the registration of the disputed domain name and requesting contact information of the registrant of the disputed domain name. August 3, 2007 On the day, the domain name registrar made relevant confirmation to the center, indicating that the disputed domain name registration unit is IP Mirror (Hong Kong) Limited, and its registered address is Room 2104C, 21 / F, Admiralty Centre Tower 1, No. 18, Harcourt Road, Hong Kong .
- The Center sent an email to the respondent on August 21, 2007, asking the respondent to submit a reply within 20 days according to the rules of procedure and supplementary rules, and at the same time transferred the complaint and all attached materials. The respondent did not submit a statement of defense to the Center during the defense period. On September 29, 2007, the Center sent a notice of absence to the parties to the dispute stating that it would designate a panel to hear the case.
- On January 28, 2008, according to the requirements of the Center, the candidate experts agreed to accept the designation, so as to guarantee the independence and impartiality of the trial.
- On January 30, 2008, the Center sent an e-mail notification to both parties and the expert group to inform the parties concerned that an expert group composed of Dr. Shi Tianyi, Mr. Zhang Ziheng and Dr. Zhao Yun will hear the case. The center formally transferred the case to the expert group on January 30, 2008. The Center confirmed that the expert group in this case will submit an award within 15 working days (on or before February 19, 2008).