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Jan 19, 2014

How to Solve your Domain Fraud Issues in Asia

I recently contacted one of my clients doing business in China concerning a Chinese company that failed to take a business ethics class.

The Chinese company registered a domain that simply attached the word China onto the client’s registered trademark.  Yes, as I advised on this blog many times, the client registered their trademark in China.

This tactic by the Chinese Company is intended to increase hits to the website and sometimes to even sell fake goods.  In this case, it seemed like the company was intending, in the near future, to sell its own goods with an intent to confuse buyers.   The site was good enough to confuse even the most careful of buyers.

The client was not too amused.  Luckily, we shook the domain out of the Chinese company and put the fear of a lawsuit and prosecution into the company.

However, if your lawyer is not able to succeed in the shack down - a great option is available.

Have you lawyer file a complaint/dispute to the The Internet Corporation for Assigned Names and Numbers (ICANN) through  ICANN’s  dispute resolution system.  ICANN is an organization authorized through an international agreement to, inter alia, register, deregister and transfer domains.

If the tribunal rules that the domain is being utilized in “bad faith,” then ICANN may deregister or transfer the domain name.  If the procedure fails, then, local options are available.

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SeanHayes@ipglegal.com