But suh xin ming did not care: “it is not surprising that today's celebrities have become known all too often.” but after reading the material, he changed this view, in his words: “in the face of a complex complaint, the entire arbitration process was carried out independently by a person who did not understand the professional law, and there was a point, which gave me the impression, as appropriate, that the person was a rights-based conscience”
As a result, he explained the decision to the hong kong international arbitration centre (hkica) and explained the legal provisions relating to the internet, and he decided to hear from the beginning the story of the young man who had come to kyoto to defend his rights。
Can not open message
"i've been sued by ali baba."
On 17 april of this year, as usual, the usual e-mails were opened, and he was surprised by the fact that the official letter from the hong kong international arbitration centre (hkica) entitled "notice of procedure in the case of a domain name dispute" had been sent to him for the first time. A company called ali baba filed a complaint against him。
This is a time when ali baba is not well known. His domain name was described in the complaint as similar to that of the alibaba trademark, which would confuse the public, stating that he had no rights or legal interests in the domain name。
He then thought of his own registered fairy tale site, “alibabank. Com. Cn”, which had become a “disputed domain name” in this e-mail, and wrote in his complaint: “the only difference between the disputed domain name and the registered trademark of the alibaba company, “alibaba”, is the addition of the word “bank”, which is a descriptive term and cannot be used to identify the disputed domain name from the complainant's registered trademark, “alibaba”. In article vii, “mediation of relief”, alibaba requested a ruling on the transfer of the domain name to alibaba。
Referring to the “alibabank. Com. Cn”, officially registered on april 3, 2007, china's mannet created a fairy tale space called the “aribaba treasure”, which was inspired by the idea that it was merely a platform for fairy-tale lovers to communicate, but only a fairy-tale dream round his hour。
E-mail reply
"i'm in the middle of a smoke-free battle."
The arbitration centre requires that a plea against a domain name be filed within 20 days, otherwise the arbitration centre may decide unilaterally。
Article 6 of the complaint adds to the strong sense of abuse felt by the complainant, stating: “the complainant's subsidiary has or intends to provide a wide range of financial services, including global online payment services and loan services in china.”
“ari baba’s apparently after my domain name. I've been registered for more than two years, and my rights are being violated, and i must not hesitate to respond, which is as important as my life.” reagan turned anger into a driving force, and he decided to respond seriously and successfully referred it to the hong kong international arbitration centre。
As a result, the arbitration proceedings were initiated by e-mail with a large international corporate group. He laughed: “i am fighting ali baba against a smoke-free domain.” in response, a comment made by a friend of the internet to le chi-lai is “the earth's people are the source of the war against the alien cloud”。
Findings
"they're writing off my domain."
However, i am confident, citing the many “effective evidence” he knows: “the legal registration of the china internet information centre, which proves that i am a legitimate domain name holder and that i have commissioned a web-based company to produce a website to prove that i have registered this domain for my fairy tale dream.”
Despite having been allowed to face up to it, on 19 june, when the domain name dispute award, which was lying in the mailbox, erupted, 20 pages of the award, the final result of which was that the complainant's complaint was established, that the complainant was not a bank and that his core business was not providing banking services, and that the disputed domain name “alibabank. Com. Cn” should be cancelled by the domain name registry。
Counsel
Original name non-aribaba
Lai kai-hye said, “when registering a domain name, he didn't think that "bank" meant a bank, but only that it represented the treasure that ali baba sought.”
"i can see that this domain name has nothing to do with ali baba, but why write it off?" that's very confusing. On 25 june, he stepped on a train to beijing, looking for wang hai chai and the intellectual property newspaper. Finally, he entered the office of xu xinming in a bag like a wanderer。
“there are doubts, deficiencies and contradictions in the decision and the complaint material.” suh xin myung stated his view that “if this domain name is cancelled, ali baba can re-register, and that the cac award for write-off is the same result as the award passed to ali baba, which has done so or touched on antimonopoly and anti-improper competition laws”
Suh xinming further analysed: “the name ali baba is not original to ali baba, but is also quoted from literature, which is a decisive factor in the argument.”
Prosecut carefully
The case is in beijing
In the same vein, the lawyers of the law firm in jiangxi argued that ali baba was an ancient fairy tale, a common cultural heritage, that everyone had the right to use it free of charge and to register domain names similar to ali baba, which would not constitute a violation if they were not malicious。
Li li li lihua, a researcher at the institute of law of the jiangxi institute of social sciences, believes that, for the time being, the launching of the fairy tale website is still only on a hobbly level and subjectively does not deliberately violate the rights of ali baba, and that as the number of visits to the site increases, there will be problems with diluting the company's business itself, and even as it evolves, the site may have commercial value, and the right to fair competition for businesses will be involved。
Laila indicated that addressing this issue through a rigorous judicial process would be a very interesting process of discussion。
On 28 june, after rey had visited the beijing notary public, and had made an authentic judicial notary of the arbitration, early the following morning he and suh xin myung came to beijing to present a civil indictment before the first court in beijing, and an hour later the court formally opened the case and they received notification of the case。
Mr. Ho of the aribaba legal department stated that, since the matter was not directly dealt with by the ministry of justice, it was not in a position to give an opinion, but that the company would proceed according to legal procedures. Since then, journalists have been trying to contact ali baba's immediate clients on the matter, but without success. Wang dongyong, a beijing staff member of the first intermediate people's court, told journalists that the court had likewise been unable to contact the direct parties to the case on the alibaba side and that the court might, as required, issue a summons。
