Civilresponsability t minfringement

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Civilresponsability t minfringement

  1. 1. Law+Practice TAIWAN CHINA Domain Name Domain Name Rulings Authority Issues Policy for Procter & Gamble Changes BRAZIL and DuPont CONTlNUED FROM PAGE 1 Indemnity for Two U.S. companies-consumer POLAND without a .com, .org, .net pre- Damages Awarded producrs giam, Procter & ceding the .tw coumry code) Gamble Co., and chemical firm Patent Office Unveils from applicams already having On March 24, 1999 the E.I. DuPont de Nemours & Co. New Practice a.com.tw Chinese character Appellate COUrtSof the State of I -won lawsuits over domain Regarding Extensions domain registered with the Rio de Janeiro affirmed a deci- names incorporating their of Time TWNIC. Upon petition, sion graming indemnity for civil trademarks in Beijing on TWNIC will allow priority responsibility and loss of dam- November 21, 2000. In November of 2000, the recordation of bilingual domain ages related to the damage of a According to a ruling handed Polish Patem Office intro- applications, and it is expected products image. The action, down on November 21 by the duced limitations of extend- that some time aner February brought by Reebok Beijing No. 1 Imermediate ing terms during examina- 2001 the applicants will have International Limited and Ril Peoples Court, both the domain tion proceedings concerning obtained priority in me registra- Brasil Comercial e lmportacao names: dupom.com.err, regis- trademark applications. tion of its bilingual domain Ltda. against Scarpia Calcados tered by Beijing-based Guowang At present, the Polish name. Ltda., confirmed the decision lnformation Co. Ltd., and Patem Office allows for one Those seeking to register rendered by the 24th Civil tide.com.cn, registered by extension of three months Chinese character domains COUrt Circuit of the State of Rio Beijing-based Tiandi Electronics of initial terms. ln order to must consider the availability of de Janeiro. Group, are invalid in violation obtain funher extensions me domain name as well as Reebok and Ril Brasil had of Chinas Trade Mark Law and one must provi de the Office translation issues. They should alleged that defendants had the Law Against Unfair with serious reasons. The also keep in mind me interplay manufactured and sold shoes Competition. Polish Patem Office alone between domain name bearing the trademarks The court verdict said that decides whether a given registration and trademark law RETOOK and RECPOK in Procter & Gambles TI DE request should be accepted. in the Republic of China, which stylistic forms identical to the trademark for washing powder If the Office considers the affords trademarkJ servicemark plaimiffs trademark REEBOK. and DuPoms DUPONT mark 1 reasons to be insufficiem, it protection only upon This is the firsr decision in are widely recognized by the issues a refusal of the exten- registration. Brazil graming the indemnity general public and well-known I sion. Adopting the "Firsr to File" for damages to the image of the trademarks in China. Thus, Souree: Slawomira Piotrowska, principie, which means filing trademark owner caused by the defendams registration of I Patpol Ltd., Warsaw, Poland; the trademarkJservice mark and Verifier: Emilia H. Swieeieka, the infringemem of its trademark. I domain names incorporating the corresponding domain Polish Patent Office, Warsaw, The COUrt fixed the indemnity those marks violated the above- name application(s) at the earli- Poland in 400 times the minimum memioned Chinese laws. est possible date, may prevem wage applicable in Brazil. Guowang Information Co. me inconvenience of con- Source: Erica Aoki, Moreira Lima, Ltd. was ordered to repay the fronting third-party registrations Royster & Ohno, Sao Paulo, Brazil; money spem by Du Pom on the at a later date. Verifier: Rafaela Walter, Dannemann, litigation. Souree: Candida Hinton, Siemsen, Bigler & Ipanema Moreira, Tiandi Electronics Group was Kay Collyer & Boose, LLp, New Rio de Janeiro, Brazil York City, USA; Judy Y. C. also required to revoke and stop Chang/C. V. Chen, Lee and Li using the domain name: Attorneys at Law, Taipei, Taiwan tide.com.err, in a separate case. Reporter: Stan Abrams, Lehman, Lee & Xu. Beijing, China; Verifier: Jie Zhang, China Sinda Intelleetual Property Ltd, Beijing, Chinao INTA Bulletin • Jan 1, 2001 VaI. 55, No. 1

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