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ARTICLE · 14 AUGUST 2013

The relation between Domain Name Registration and Trademark infringement

WeiChai was the company name and trademark, so a complaint was filed against the registered "weichai.cn." domain name.

ChinaIntellectual Property

WeiChai Power Co. Ltd. ("WeiChai Co. Ltd.") has been using "WeiChai" as their well-known company name and trademark. WeiChai Co. Ltd. filed a complaint at the Domain Name Dispute Resolution Center against SHENZHEN PANGU INVESTMENT GUARANTEE CO. LTD. (later changes its name to GUO ZHONG CO. LTD.) for their registered "weichai.cn." domain name. On 30 January 2011, the Domain Name Dispute Resolution Center ruled that the domain name should be transferred to WeiChai Co. Ltd. Dissatisfied with the ruling, GUO ZHONG CO. LTD. initiated a civil action before the Beijing First Intermediate People's Court, claiming that: 1. The disputed domain name should not be transferred to WeiChai Co. Ltd. in respect of its registration and use; 2. WeiChai Co. Ltd. should compensate for their losses of RMB 100, 000. The Court of First Instance held that GUO ZHONG CO. LTD.'s simply registering the domain name but not actually using it has not related such domain name to any products

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