GE domain name verdict Ningbo guy wins
world’s top five hundred General Electric and Ningbo an individual industrial and commercial households for up to two years of domain name dispute, and finally settled in the dust yesterday. Beijing first intermediate people’s Court of final judgment, the registration of Ningbo Jiangdong Feng Dagang operating the Department of electronic tiger Ye Wenlong domain name "www.gelighting.com.cn" does not constitute the General Electric "GE" trademark infringement.
Ye Wenlong in 2006 to register the domain name and the General Electric Lighting Co. Ltd has the "www.gelighting.com" domain name is similar, and sales of lamps, from the beginning of April 2008, both started the relevant arbitration and litigation.
2008, China International Trade Arbitration Commission domain name dispute resolution center does not meet the malicious registration grounds, rejected the Ge transfer domain name request.
at the end of the year, Ge also filed a lawsuit to the people’s Court of Beijing, Haidian District, asked the court to determine the alleged trademark infringement and unfair competition Ye Wenlong GE, and requested the transfer of the domain name. In November 2009, the court verdict, although the domain name transfer requirements for Ge Corp is not directly supported, but that Ye Wenlong of this website with the domain name "gelighting" in the field of lighting in particular, similar to the GE trademark on the site; at the same time leaves also demonstrate the existence of GE trademarks, the court ruled that Ye Wenlong should stop infringement immediately, and compensation for the loss of 100 thousand yuan to ge.
for the results of the first instance, Ye Wenlong refused to accept, and soon he filed an appeal. Ye pointed out that his domain name does not constitute an approximation with the GE trademark, and has served as a general electric lighting company in Ningbo, the legitimate dealer, he established the site and on the site to display GE trademark, is a normal business behavior. Beijing first intermediate court ultimately found, "gelighting" and "GE" far, does not infringe the plaintiff’s trademark right; but because the operation of the website and leaves the sale of GE products, in fact it will damage the interests of the company general electric lighting, which belongs to the acts of unfair competition. Accordingly, the court ultimately overturned the judgment of the first instance, requiring the immediate cessation of the use of the site to implement unfair competition behavior, and compensation for the general electric lighting company 20 thousand yuan.
for the verdict, Ye Wenlong feel very satisfied. He said: according to this decision, as long as the future is not on this site to sell GE lighting can be – this site is to keep."
reporter noted that, despite the acquisition of this domain name, but General Electric Lighting Co., Ltd. in China to sell some of the products on the packaging has been marked www.gelighting.com.cn". Ye Wenlong said, GE and so he rivalry, because if GE get the domain name, it is to be told of the infringement.
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