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A Special Domain Name Case.

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Vincent
AutorMr.Li Dong-tao.
CargoJudge of the Intellectual Property Adjudication Division of People's Court of Haidian District, Beijing Municipality, graduated from the China University of Political Science and Law in 1991.

This is a special case on domain name dispute held in China.

The plaintiff is the Shijiazhuang Fulande Development Company, the registrar of the PDA trademark, which was registered in the Class 9 on March 1997.

The defendant is Beijing Mitian Jiaye Jimao Company.

In late 1998, the plaintiff began to reserve the Internet domain name“pda.com.cn”（Domain Name）as its Internet address but discovered for the first time that the defendant, without its authorization, had already reserved the Domain Name at the China Internet Network Information Center ( CNNIC ) and established a web site for advertising and selling the lap top computers made by other producers; moreover, there was a “PDA” logo in the homepage.

The defendant’s reservation of the Domain Name had precluded the plaintiff from reserving the same domain name incorporating its registered trademark.

Afterwards, the plaintiff called asking for the Domain Name, but was refused by the defendant, so the plaintiff brought an action against the defendant on the basis of trademark infringement and unfair competition at the The Beijing No.1 Intermediate People's Court.

The defendant argued that the trademark infringement and unfair competition were not established because

(1). “PDA” is the acronym of “ Personal Digital Assistant” (the generic name of personal lap top computers)

(2). “PDA” has been recorded in some English-Chinese dictionaries and widely used in the industry.

That means, it has been in the public domain and shouldn’t be monopolized by the plaintiff as a trademark.

The case became famous throughout China and absorbed the attention of the public, especially in the circles of trademark and Internet, because the current Trademark Law and Unfair Competition Law don't provide specific clauses concerning the...

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