"contact" (access) are often used in cases of intellectual property, copyright refers to the complainant right and other civil rights for public contact or aware, has been said to be a prerequisite for infringement of intellectual property rights. However, D& N domain name experts found that a large number of domain name arbitration cases have also begun to use the contact and know as the domain name registered in the use of malicious standards.
D& N in the analysis of a large number of cases found that the "contact and know" principle in the domain name arbitration cases there are two cases:
well-known trademark and entered into China to be presumed to be contacted by the complainant and known to
first, presumption of "contact and awareness". In this case, the complainant is well-known companies, the domain name is the legitimate complaints of trademark or business name rights, the complainant, promotion and publicity of the trademark or name has invested enormous resources, at the same time, experts will presumption the respondent (should) "contact and know" the trademark or name aware of the prior rights, while still using the domain name registration, will use the domain name to prejudice the right of people through the Internet, or harm the reputation of the complainant, the complainant destroy the normal business activities, or the difference between confusion with the complainant, misleading the public "(" dispute settlement procedures "article ninth third).
this case, the expert group often described, "registered itself constitutes malicious", such as the HKIAC Case No. DCN-0700152, "the complainant provided evidence that the complainant of the trademark" VERISIGN "in China, apply for registration and approved in 1999, after years of complaints publicity and market operation, the trademark has become the complainant goodwill commercial signs unite. The respondent to know his trademark "VERISIGN" does not have any legitimate rights and interests of the brand will still be registered as their own domain name, it is inevitable to prevent the trademark owner complaints will own the trademark for domain name registration, prevent complaints on the Internet to do business with their own domain name. The registration itself is malicious."
another case HKIAC Case No.: DCN-0700105, experts say,"…… The trademark was approved and used in China in 2003, has a certain degree of visibility. In the case of the disputed domain name, the respondent has already understood the impact and value of the above trademark. The person who is aware of the WWE is a commercial name of the complainant, and in the case that he does not have the legitimate rights and interests in the case of the registration of their own domain name, the registration act itself is malicious."
employees, dealers must be in contact with and aware of the disputed domain name involved in the prior rights
second, substantial "contact and awareness". In such cases, there is a certain relationship between the complainant and the complainant, so that the complainant is bound to "come into contact with and understand"