Mitsui Encounters a Domain Name Dispute

The Beijing No. 3 Intermediate People's Court recently handled a domain name dispute filed by a natural person surnamed Liao, safeguarding his domain name www.mitsui-tech.com, which was once challenged by Japanese company Mitsui Chemical Group.
  
Liao registered the domain name in question on July 27, 2012. One year later, Mitsui Chemicals challenged Liao's registration on October 8, 2013. On December 9 in the same year, the Asia Domain Name Dispute Resolution Center (ADNDRC ) ruled in favor of Mitsui Group on grounds of unfair competition and trademark violations.

Liao brought the case to the court and alleged that the domain name legally belongs to his company Mitsui New Materials Tech Limited, and it is not similar with Mitsui Chemical's No. 3678565 trademark MITSUI POLYPRO and the No. 4252451 trademark "MITSUI CHEMICALS". The products he sold are not similar with Mitsui Chemicals', no similarity is constituted. Mitsui Chemicals is not widely familiar with Chinese consumers and they should not get cross-sector protection. Meanwhile, the mitsui trademark on rubber products was registered by MITSUI & CO., LTD, rather than by Mitsui Chemicals.

Mitsui Chemicals held that Liao's registration is intend to imitate their website cn.mitsuichem.com and will cause confusion among consumers. As a result, unfair competition and trademark violations are constituted.

The court has not yet rendered a ruling. We will follow the development of the case.

(China IP News)

2014-04-23