Thursday, October 14, 2010

What conditions should be maliciously registered domain name?

Readers inquired


Foreign to a company called me recently registered a domain name registration is malicious, a violation of their trademark rights, asked me to return and pay 5,000 dollars in compensation. I ask: how can I do?

Readers: Han Xin

Lawyers to answer

Han Xin reader:

"Uniform Domain Name Dispute Resolution Policy" clearly defined bad faith registration of the case: the situation is as follows but not limited to the following situations, such as the Group of Experts found to exist, then the domain name constitutes bad faith registration and use of evidence: your domain name registration or access the main the purpose of the trademark or service mark as a commodity of all the complainants or their competitors to sell, lease or transfer the domain to obtain the direct costs associated with the domain name registration in addition to income persons; your registration of the domain name is intended to prevent the trade mark and service mark owners appropriate domain name to reflect the trademark,; your registered domain name main purpose is to undermine the normal course of business by competitors; to use the domain name means the purpose for commercial gain, by creating your your web site or web site sold the goods or services with the complainant between the source of those trademarks, sponsors, affiliated or guarantor's confusion, deliberately luring Internet users to your website or other on-line address those .

If you register a domain name with the conditions specified above, the general will be identified as malicious.

As for compensation, only if you register with the malicious domain, does not necessarily constitute a tort. "Trademark Law" fifth 12 provides: "any of the following acts shall be an infringement of a registered trademark: (a) of the registered trademark without permission, in the same or similar goods on the use of its trademark the same or similar to trademarks; (b) Sales infringement of a registered trademark of the goods; (c) forging, a registered trademark of another person without authorization or selling forged or made without authorization of the registered trademark; (d) without the trademark registrant agreed to change its registered trademarks and trademarks of the replacement of the commodities to market; (e) a registered trade mark to another person the exclusive right to cause other damage. "Only with these situations, it may relate to compensation. If only the registered domain name and the domain name and certain trademarks not only connected, but also has the linguistic meaning of common words, then the registration act does not necessarily lead to compensation of the complaint.

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Sunday, October 10, 2010

Shanghai real estate control policies introduced Countdown

"We still can not determine the small family planning standards put a specific timetable." Yesterday, the Shanghai real estate bureau in the acceptance of an interview with Shanghai Oriental Morning Post said, the real estate industry in Shanghai were not yet disclosed details of regulatory policy. It is reported that Shanghai-related rules early in September has been reported to the State Ministry for approval, specific rules to implement the results to wait for final approval, is expected to include housing structure, foreign investment, land management and low-cost housing, and many other content.

According to the media, the Shanghai Housing and Land Resources Administration as early as six weeks ago had drafted the first draft of the relevant regulatory rules, and is expected to be announced after the National Day holiday, but now appears to be delayed release time.

Under the May 29 National Nine ministries and commissions jointly issued "on the adjustment of housing supply structure and stability of Housing Prices" explicitly require that "all levels of urban housing construction plan to the end of September 2006 prior to the public, municipalities, separately listed cities , the provincial capital city of People's housing construction plan to the Ministry of Construction reported the record. "This means that the implementation of control over the implementation details have to meet before the 30th of this month.

While no official version, but the initial version of the Shanghai planning rules have gradually surfaced.

In August, a number of large real estate developers in Shanghai Real Estate Bureau convened a meeting was to discuss the details of the development on Shanghai.

In mid-August, the Shanghai Municipal Real Estate Bureau issued Notice No. 1 of land transfer, all the residential plots are already planning the proportion of small apartment 90 square meters have strict requirements. In addition to two pieces of land which required Minhang Unit of the total building area of 90 square meters 80%, the other residential sites require this proportion to 70%.

Early in September, Shanghai began to refine the specific requirements of planning. A regional real estate bureau told the Shanghai Oriental Morning Post staff reporter, in accordance with the Municipal Real Estate Bureau of the telephone notification, planning broadly defined as "more than 50% within the inner ring, inner and outer ring more than 70%, 74% more than the outer ring" .

In addition to Shanghai, the rest of the country, including Shenzhen, Beijing and other areas has been made available, "view" rule.

Quickest is in Shenzhen. June 20, Shenzhen issued the Implementing Rules: Unit needs 90 square meters account for more than 70% of the project area. Since then, Dalian, Xi'an and other regions also extend similar rules for project control policy.

Early July, the Ministry of Construction "on the implementation of the mix of new homes required a number of opinions" issued to provide construction area of 90 sq m size apartment housing (including affordable housing) area must be developed proportion of the total area of more than 70% . Prior to the project will be provided to control the relaxation of the total area of control. September 4, Beijing introduced the "strengthening of the housing structure, planning and management notice", notice is not specified in the control of the proportion of small apartment, but pointed out that on September 1 approval from the new housing project will implement the new approval process, a clear asked to list the following 90 square meters of housing a total area of condominiums and the proportion of the total project area and 90 sq m of total copy number of housing and other planning approvals data for statistical share of total 90 square meters of residential area ratio.

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