ShangHai XingGuo Net Technology co.,Ltd: Sino-US GlaxoSmithKline won the domain name lawsuit

This domain name news is provided from the ShangHai XingGuo Net Technology co.,Ltd

Beijing August 12, "Kang Taike" "Fen Bide" and other drugs manufacturer SmithKlineBeecham Public Limited Company and Sino-US Tianjin GlaxoSmithKline Pharmaceutical Company Ltd. sued a Guangdong printing plant of malicious registration in " Sino-US G "domain name.
Beijing No. 1 Intermediate People's Court before the first judgement, decree domain name will be "China-US GlaxoSmithKline. China / CN" fromSmithKlineBeecham Limited registered public use.
According toSmithKlinecompanies, GlaxoSmithKline said Sino-US Tianjin, China Tianjin GlaxoSmithKline, founded in 1984 and in July 1998, menstrual State Administration for Industry and Commerce People's Republic of China and Trademark Office approved in the first five categories of pharmaceutical preparations, people Drugs used to register the "Sino-US GlaxoSmithKline" trademark. In order to explore the Chinese market, the company specifically authorizedSmithKlineTianjin Sino-US company GlaxoSmithKline to "Sino-US GlaxoSmithKline" as a trademark products.
It is understood that the defendant South Rainbow printing domain name registration services through Beijing in the net rate dynamic Digital Technology Co., Ltd in July 2003 registered the domain name "Sino-US GlaxoSmithKline. China / CN". The main part of the domain name andSmithKlineenjoy the rights of the "Sino-US GlaxoSmithKline" trademark identical.
The plaintiff, South Hong printing registered "Sino-US GlaxoSmithKline. China / CN" domain name, and not in actual use this domain name, and consumers will immediately associate it with the plaintiff. Hong accused the South of the printing plant with the right people to prevent the registration of domain names malicious, caused consumers to the well-known trademarks related to the mistake, constitute trademark infringement and unfair competition, therefore the court to order the defendant to immediately stop infringement, the plaintiff compensation 100,000 yuan of economic losses, and so on.
The court held that, according to identify the fact that we can see that the plaintiff "Kang Taike" "Kang Taike" "Fenbi De", and other products over the years have a higher market share, while the plaintiff of these products is also a great deal of publicity and promotion , Making these products have a high visibility, "Sino-US GlaxoSmithKline" has become the drug trade in traditional Chinese medicine has high visibility, such as a registered trademark.
The court also held that, because of the "China-US GlaxoSmithKline" trademark has higher visibility, South Hong printing plant should be aware of the existence of the registered trademark, registered the domain name should be made to the Birang obligations. However, the defendant was significant, however strong the "Sino-US GlaxoSmithKline" registered as domain names, with their subjective well-known trademarks of this improper access to the interests of the purpose.

Ultimately, because the defendant was only registered the controversial domain name, but not put into practice, and did not have any adverse impact and actual loss on plaintiff, so the court judge the domain name to be owned by the mithKline Beecham public Limited company but rejected the plaintiffs’ claim of public apology and 100,000 yuan compensation of economic losses by the defendant.