Bridging DNDRC Decision and Judicial Judgment on Domain Name Dispute

When a domain name is in conflict with the prior rights of others (e.g. the trademark rights, the rights of the company name, etc.), there are two approaches of settling the disputes: 1) the prior right holder may file a complaint to one of two domain name dispute resolution centers, or 2) the prior right holder may bring an action to the court or refer the dispute to arbitration. For the sake of efficiency and cost control, the prior right holder will typically seek a resolution from a domain name dispute resolution center ⁽¹⁾ ("DNDRC"), on the condition that the disputed domain name has been registered for less than two years.

However, a problem arises when both proceedings are initiated. That is, during or even after a DNDRC panel has rendered a decision ("DNDRC decision"), the complainant or defendant in the proceeding at DNDRC may still bring the same dispute to the court at the place where the China Internet Network Information Center ("CNNIC") is located or