In the Internet environment, similar to commercial identifiers such as trademarks and trade names, domain names also play an identifying role in distinguishing the source of goods or services. Due to the characteristics of exclusivity, uniqueness and scarcity, the registration and use of domain names can bring certain economic benefits to the registrants and users, so they are coveted by criminals for pre-registration. This case is a typical case of malicious domain name squatting and infringement of other people’s prior rights and interests. The rights holder has effectively safeguarded its legitimate rights and interests by actively proving its prior rights and interests.
The appellant (defendant in the original trial) Song registered the domain name “columbia.com.cn” on March 13, 2008, and the domain name “columbia.cn” on May 24, 2004. On June 29, 2011, Song and a third party established Beijing Cascade Trading Co., Ltd. (hereinafter referred to as “Cascade Company”). Cascade Company created a website called “Columbia” using the above domain name, and promoted and sold “columbia” brand outdoor products on the website. Song was the person in charge of the two websites. The respondent (plaintiff in the original trial) Columbia Sportswear Company (hereinafter referred to as “Columbia Company”) then filed a lawsuit with the Beijing Intellectual Property Court, claiming that Song had infringed on Columbia Company’s prior trade name and domain name rights, constituting unfair competition. Read more
