The China International Economic and Trade Arbitration Commission (CIETAC) recently rendered a ruling in favor of the US-based Disney Enterprises Inc. The respondent in the case is held having registering the domain name disneybaby.cn with bad faith.
Disney has registered the namesake trademark in 15 classes of goods in China while holding top domain names in disney.com and disneybaby.com, the latter of which represents a brand targeting infants and babies. For domain names are registered in China with no questions asked, the respondent grabbed disneybaby.cn.
The Commission held that there is an explicit and exclusive association between the registered trademark Disney and the Disney Enterprises. No one is allowed to use the registered trademark Disney without authorization. The respondent registered the domain name by adding an affix. This clearly reflects its bad faith, added the Commission.
As sought by Disney, the respondent will transfer the domain name to Disney free of charge.
(China IP News)
2013-07-17