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Pfizer Inc and the Dalian Municipal Yang "Pfizer Dalian computer network domain name IP recently the dust settles, the Dalian City Intermediate People’s court verdict in favor of the Pfizer Inc, before the day of judgment has taken legal effect.
July 21, 2006, who lives in Dalian Wafangdian City, Ms. Yang was neteon Tech (Beijing) Co., Ltd. to apply for registration of the "computer network domain name Pfizer Dalian".
Pfizer Inc that Ms. Yang without the permission of the plaintiff, registered the "Pfizer Dalian" domain name, constitute an infringement of the plaintiff, then sued the Dalian City Intermediate People’s court, the request shall identify "Pfizer" for the well-known trademark, the defendant was ordered to immediately stop using and cancellation of "Pfizer Dalian" domain name for compensation to the plaintiff; the investigation of this case and the payment of attorney’s fees, 5000 yuan of economic losses.
defendant Yang argued that the domain name is registered in a legal way, should be protected by law, the plaintiff does not constitute infringement.
recently, the Dalian intermediate people’s court hearing the case. The court held that the focus of the two sides are: first, "Pfizer" trademark is a well-known trademark; two, whether the defendant constitutes a violation of the plaintiff’s trademark rights. According to the provisions of the relevant laws China, the people’s court in the trial involves computer network domain name of civil disputes, the parties based on the specific situation and consult the case, the trademark is well-known trademark cognizance. According to the relevant provisions of the trademark law, well-known trademark refers to the territory of our country is widely known for the relevant public and enjoy a high reputation of the trademark, etc.. In this case, the plaintiff is the "Pfizer" trademark registration rights, for a long time, the plaintiff’s products manufactured by Pfizer sales throughout the country, with a certain market share. The long time invested a lot of money on television, radio, newspapers and networks of Pfizer registered trademarks of publicity, and actively participate in public welfare undertakings, to enjoy a relatively high visibility and good reputation of the trademark in the consumer Chinese, widely recognized by the society, with a high reputation in the consumer, the trademark is in fact, to become well-known trademarks. The court upheld the plaintiff’s claim that Pfizer was a well-known trademark. According to the relevant provisions of the "Paris Convention", should be given a higher level of protection for the well-known trademark, because well-known trademark can bring greater commercial benefits to the obligee, without permission, the well-known trademark in any form for commercial use, will damage the policy for the protection of well-known trademark. In China, the protection of well-known trademarks is to prohibit the use of well-known trademarks as a domain name to engage in e-commerce activities. The defendant is not allowed by the plaintiff, the plaintiff trademark will be registered as their own domain name, it is easy to mislead the consumers, so that consumers believe that the domain name of the registrant and the plaintiff’s well-known trademark has some kind of connection, resulting in confusion. At the same time, because of the uniqueness of the Internet domain names, the registered "Pfizer Dalian" after the domain name, the plaintiff hinder the normal business through the use of the domain name on the Internet.