CIETAC Rendered a Ruling in Favor of the Domain Name Arbitration of Disney Enterprises Inc.
2009-01-13
China International Economic and Trade Arbitration Commission (CIETAC) recently rendered a
ruling on the domain name (DN) arbitration of "disneybaby.cn".
The panel holds that Disney Enterprises Inc. (Complainant) enjoys the exclusive right to use his
registered mark "Disney" in China. The disputed DN is confusingly similar to the Complainant's
prior-registered mark in which the Complainant has prior civil rights. On the contrary, the disputed
DN holder, i.e. Ivy Language Institute (Respondent) has no right or legitimate interest in respect of
the DN. Further, the Respondent's act of registration is out of bad faith. This DN will mislead
consumers into confusion and make them misunderstanding that there is some relationship between
the Complainant and the DN.
Based on the above, CIETAC decided that the Respondent should transfer the DN to the
Complainant free of charge.
Copyright reserved by LLR (China) Intellectual Property Co., Ltd. (2009-01-13)