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Old 10th February 2006, 01:58 PM
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.cn story

From Domain Name Wire - Doesn't specifically mention IDN's but might be of interest to members....The rumour about Google paying $1m for a .cn and a .com.cn at the bottom particularly......

China, Trademarks, and Cybersquatting
Tuesday, February 7th, 2006


China isn’t known for respecting intellectual property rights and its latest domain name policy reinforces its stance.

According to reports by vmunet and Sina.com, China is changing the way it rules on trademark disputes for its .CN domain names. In order to prevail in domain disputes, trademark holders will need to prove malicious intent and act quickly.

The article says:

“Previous regulations prevented cyber-squatting when claimants to the domain name could prove ‘malicious intent’ on the part of the squatter. However, according to Sina, the new rules suggest that merely registering an existing brand as a domain name does not by itself constitute ‘malicious intent’.

The term applies only to certain obviously hostile acts, for example when the cyber-squatter tries to rent or sell the domain name to a competitor of the putative owner.”

The new rules also require challenges to be made within 2 years of registration. (Incidentally, I think placing a statute of limitations on cybersquatting might be a good idea. It would reduce reverse hijacking cases.)

Look no further than Gmail.cn to see the Chinese internet in action. The owner of Gmail.cn might have legitimate rights to it. After all, he registered the domain prior to the Gmail service being announced. But look at how he has implemented the domain– an exact copy of Google’s Gmail service!

According to the article, Google is rumored to have paid around $1m to acquire google.cn and google.com.cn last year.



Edited to add the link to the story mentioned - the bit about Google is on page two

http://www.vnunet.com/vnunet/news/21...help-squatters

Last edited by DavyBUK; 10th February 2006 at 02:11 PM..
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Old 10th February 2006, 04:52 PM
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I believe it's 1 million yuan, a big sum in China, but definitely small money for Google and Americans.

Chinese laws on domains might be modeled after some European/British laws whereby anyone can own a name as long as it is not in the same trade as an existing trademark.

E.g. You can sell McDonalds Motorcycles, register mcdonalds.cn and display your motorcycle models up there.
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Old 10th February 2006, 05:00 PM
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Originally Posted by touchring
I believe it's 1 million yuan, a big sum in China, but definitely small money for Google and Americans.

Chinese laws on domains might be modeled after some European/British laws whereby anyone can own a name as long as it is not in the same trade as an existing trademark.

E.g. You can sell McDonalds Motorcycles, register mcdonalds.cn and display your motorcycle models up there.
I believe that is actually the case in America and elsewhere. Even within the US it possible for two companies to have marks in the same trade in different states. In other words if a New York business that was established in 1804 wants to start trading in California for the first time, but there is a company there has been trading there with the same mark since 2002, it has a problem!
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Old 10th February 2006, 05:03 PM
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Actually, i have a different idea - in America, the guy with more money, e.g. McDonalds, wins??

Last edited by touchring; 10th February 2006 at 05:06 PM..
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Old 10th February 2006, 05:28 PM
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Originally Posted by touchring
Actually, i have a different idea - in America, the guy with more money, e.g. McDonalds, wins??
That's not what the law says, but it is often the practical outcome.
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Old 10th February 2006, 06:19 PM
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See http://www.nissan.com for proof that money doesn't always win.
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Old 10th February 2006, 06:29 PM
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See http://www.nissan.com for proof that money doesn't always win.
It's Japanese firm versus American firm?
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Old 10th February 2006, 08:37 PM
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Old 10th February 2006, 08:53 PM
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Quote:
Originally Posted by Clotho
See http://www.nissan.com for proof that money doesn't always win.
Wow they do web design and advanced webdesign.... I wonder if its any good considering the look of their own website with frames :P
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