Domain
Name "yahoo.net.cn" Granted to Yahoo
In
April 2005, the Domain Name Dispute Resolution Center (DNRC) of China
International Economic and Trade Arbitration Commission (CIETAC) issued
a decision in favor of Yahoo Inc., ruling that domain name "yahoo.net.cn"
registered by a Chinese company should be transferred to Yahoo.
Yahoo
submitted a complaint with DNRC in February 2005, alleging that the
identification part "yahoo" in the disputed domain name "yahoo.net.cn"
registered by a Chinese company in 2002 is identical with Yahoo's registered
trademark "YAHOO". The registration was made in bad faith and thus the
disputed domain name should be transferred back to it..
The respondent did not file a response and therefore, a default decision
was made.
The panel of DNRC found that the complainant started to use "Yahoo"
as its commercial sign before the Chinese company registered the disputed
domain name. The panel is of the opinion that using of "yahoo" in the
disputed domain name by the respondent will easily mislead ordinary
consumers and Internet users. Therefore, the respondent registered and
used the disputed domain name in bad faith.
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