Thursday, October 21, 2010

What conditions should be maliciously registered domain name?



Readers inquired

Counsel:

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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Thursday, October 14, 2010

Alipay's disregard the changing circumstances



Ma had called a metaphor, in the family, Alibaba, Alibaba.com is Nitui Zi, is the big brother to college for younger siblings; Taobao is a little sister, lively character, you can get money to buy flowers skirt big brother, and now middle school future, we need for her to Fudan University; third child is Paypal, now in elementary school, but most are ambitious and will probably carry the burden to support their families, so big brother will pay any price for her to Harvard.

A few months ago, Taobao dressed value of 50 million with the dress to change into the "big Taobao," the end of their era of flower skirt. Recently, following the "big Taobao" scheme, the escalating war of words with Baidu, the pay dispute between the Po and the bank has been put on the table, as the gossip on Alibaba's fresh content.

A fundamental question is, in cooperation with Alipay, the bank now why go step by step the point of this dilemma?

Taobao was established in 2003 with the payment of treasure, in the Bank's support for this case, smooth sailing. In the case of a book on Alibaba, Jack Ma to mention, including the first contact with the Industrial and Commercial Bank of China, and finalized in the next several years in succession the other banks, all with the cooperation between Alipay showed "great enthusiasm and great interest. " The reason is: from the bank's point of view to a large number of counters to go through the accounts of small business is the loss of business, as opposed to bank counter staff wages and rent payments in respect of banks for small business and interest charges arising from income, very little, not enough to cover the costs. Therefore, the bank hopes to promote Internet banking, was already in the B2B business achievements of Alibaba as their ideal partner.

2006, bank credit card business into a "circle of people stage," At this point, between Taobao and eBay battle has gradually clear, choose to support Alipay means that many cardholders can provide a more comprehensive experience with the card, can also be equipped with increasingly powerful Taobao this group of "ride", for promotion. At this stage, whether in hope to "free" tactical defeat Taobao and eBay, Paypal, or on the hope to increase the amount of bank card, "expansion" rather than "profit" is the most important task, both sides share the same objectives bigger the market, with Ma's words, is "digging with the reservoir."

This is the first prerequisite in the expansion, banks choose to forego charging bank card transaction fees, with the "free" strategy. After the victory over eBay, Ma Po fully aware of the future potential of payment, to split off from Taobao to focus on expanding outside the Ali Group, the third party payment market.

How to profit when the profit on the back, Ali Group, Taobao and Alipay has maintained remarkable patience and consistency, with Ma saying Taobao Alibaba to raise for 31 years, while Ali, internal, Paypal and there is no profit tasks and deadlines. Their task is still more to dig out the Alibaba Group, "reservoir", rather than immediate cash.

The problem is that banks are not philanthropists, when the Taobao platform volume snowball, they do not want to provide a free lunch, after all, were successfully cross-bank cash withdrawal charges. More practical problem is, they found that many cardholders use to do on Taobao false transactions for credit card cash. The latter means not only loss of the original bank transaction fees, but also lose the interest income.

Worse, banks began to find and pay for treasures in the game, its already down for the next wind. As of August 28, 2008, using the treasure to pay more than 100 million users, Alipay day total more than 450 million yuan transactions, day trading amount in more than two million document. In addition to Taobao and Alibaba, the support the use of payment transaction services Bao has more than 460,000 businesses; cover virtual games, digital communications, business services, airline tickets and other industries. To abandon cooperation with Alipay, you need to face the injury card holder experience, the risk of being abandoned or frozen.

The five participants in a transaction: buyers, sellers, Taobao, Alipay and banks, the "free" on the front or the reality or the Quartet has a strategic value, banks can not charge to any party, the results become The value of those who pay. Open the cover page of today's Taobao, Alipay can see a cooperative relationship with the 12 banks, Minsheng Bank, Shenzhen Development Bank and Industrial Bank, Agricultural Bank of China to support debit card payment only, do not support credit card payments, investment, GF , CITIC, Everbright will pay by credit card spending limit control of single neurons in the 500. While the remaining four in the choice of a high single or limited amount of consumer credits. 4:4:4, the attitude of banks is clearly not uniform.

So, What's next? Select "off" and accept the risks, or continue to stay with Alipay, "develop the market?" Clearly, reality has proven Alipay of "free" mode really the most vulnerable domestic buyers and sellers to accept, but is also undeniable that, banks and other related links on the partners are equally Xu Yao Ye continue to "ride" the Dong Li.

Start period, the company's success, the company often become a stumbling block in the development stage. This is a time-tested rules.

As the industry leader Alibaba C2C, in addition to Taobao and Alipay to support, but also a more positive attitude should address all aspects of industry partners in the chain of circumstances and needs change, through appropriate "external blood transfusion" and benefit-sharing, to ensure that the process of the first row, partners were able to maintain an active status at any time and consistent vision.

All this will depend on whether Ma has once again through the "inverted" to find a balance Famennian. After Oct. 28 Baidu's C2C platform "with ah" high admission and banks are also more options for a cooperative.







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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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