Showing posts with label cybersquatting. Show all posts
Showing posts with label cybersquatting. Show all posts

Tuesday, April 05, 2011

Unoriginal trademarks unpopular in Quanzhou. Good news or wishful thinking?

Hao Nan of China Daily wrote about the trade at the Quanzhou Trademark Trade Center in Fujian that almost dried up. Read here. Why did not Adam Smith's invisible hand work? Was the invisible hand here invisible, to quote Joseph Stiglitz, because it was not really there? Hao writes that the problem was that
sellers had an inflated expectations of the price of their brands.

Ge Yongli, general manager of the Fujian Asia-Pacific Intellectual Property Organization was quoted by Hao Nan as saying: “They quote high prices not because their trademarks have such great value but due to a strong resemblance to some international renowned trademarks.”

Stan Abrams of China Hearsay writes: “That doesn’t sound good at all. Not surprising, though. This is the short-cut mentality that you get with emerging markets, and despite the tremendous numbers of trademark filings in China, the commercialization side is still pretty young.” Read here.

This impasse might be a positive sign. Are the buyers just realistic, that in this time and age they better start with an original name to build up their own reputation? Wishful thinking? At the moment it might be not so nice for the people working for the Quanzhou Trademark Trade Center if they have nothing to do. But I am sure the market will come up with new realistic price, it always does. I hope in this price the possibility of getting sued for trademark infringement is factored in.
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Saturday, January 17, 2009

Indian High Court Claims Jurisdiction Against Chinese Cybersquatter of ICICIGROUP.COM

Malathi Nayak of Livemint has a very interesting article about who has the jurisdiction over Chinese entities if they infringe intellectual property rights via the internet. In this case a Chinese entity had registered the domain name icicigroup.com which is similar to icicibank.com.

First the icicibank tried to get control over the domain name by filing a complaint with the WIPO’s Arbitration and Mediation Center (AMC) using the Uniform Domain Name Dispute Resolution Policy. To no avail.

Malathi Nayak wrote:

"In December, justice Sanjiv Khanna [of India's High Court, IP Dragon] passed an order restraining a resident of Beijing, Chuandong Xu, and a Chinese website registrar, HiChina Web Solutions Ltd, from using or selling the site ICICIGROUP.COM.
The order was passed ex parte or in the absence of the defendant. The same court had heard a 2007 case, in which India TV Independent News Service Pvt. Ltd sued US-based India Broadcast Live Llc. over thewww.indiatvlive.com domain name. In October, it dismissed India TV’s suit and allowed India Broadcast Live to use the name.
The two cases mark a trend where Indian courts are ruling on cybersquatting cases involving people and firms from different geographies—not all of which may fall under their jurisdiction."

The enforceability of such cross-border rulings are in general doubtful. However, Saikrishna Rajagopal, partner at Saikrishna and Associates, who filed the suit for ICICI bank, said that the Chinese defendants have complied with the high court order.

Read more Malathi Nayak's article here.
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