Legal Analysis Of "Weixin.com" Domain Name Dispute Case

The development of the Internet has spawned the concept of domain names.While facilitating our connection with the world,the issue of domain name infringement also poses severe challenges to the law.Today,domain names not only exist as a virtual address identifier,but the economic value and brand value behind the domain name are increasingly apparent.The uniqueness of the domain name makes the domain name more and more a scarce resource,which easily leads to the dispute between the domain name owner and the infringer.As a non-lawsuit dispute resolution mechanism,domain name arbitration has an irreplaceable important role in the resolution of domain name disputes.However,it cannot be denied that the policies and rules on which domain name arbitration is based are not perfect,and the application of laws is not clear enough.This article will combine arbitral awards in the WeChat domain name dispute case to focus on the issues of infringement,domain name malicious registration,and corresponding domain name reverse intrusion after the registration of a domain name.In this case,the "weixin.com" domain name was first registered on November 21 st,2000,and the first registrant was Haishen Yang.Since then,the domain name registrant has frequently changed.On April 13,2015,the contact for this domain was changed to a 9-second community name holder(9miao.com).On December 1,2015,Li Ming was invited by Tencent to the Hong Kong Secretariat of the Asian Domain Name Dispute Resolution Center to file a complaint on the disputed domain name “weixin.com”.The Hong Kong Arbitration Center accepted the complaint and made a ruling,with the opinion of the expert group,ruling Transfer the disputed domain name to the complainant.The most controversial rule in this case was to treat the domain name as a newly registered domain name.The “weixin.com” domain name was registered for the first time in 2000.Before and after 2011,“WeChat” only appeared.In June 2015,the disputed domain name registration information showed li ming as the holder.Article 3.7 of the WIPO Overview stipulates that domain name registration updates are treated as new registrations.The Asian Domain Name Dispute Resolution Center(Hong Kong)invokes this rule and precedents of relevant cases to make a decision,which makes the registration time of the disputed domain name It is identified as June 2015.However,the provisions of Article 3.7 of the WIPO Rules are conditional,and not all transferred domain names constitute new registrations,and this should be made special.Combined with the specific case of this case,in the case that it can not prove that the initial registration is malicious,it is determined that the transferred disputed domain name should be treated as a new registration.This article is divided into three parts.The first chapter,the introduction of the case and arbitral awards;the second chapter focuses on the analysis of the focus of the case,that is,whether the transferred domain name should be regarded as a new registration,which contends for the legal rights of the domain name and the determination of malicious registration;Chapter III,The personality of this case has been raised to a high degree of commonality and suggestions have been made to resolve such issues.Through the introduction of domain name reversal defenses,drawing on the advantages of foreign domain name dispute resolution mechanisms,and perfecting the domain name dispute resolution mechanism,we hope to benefit from the resolution of domain name disputes in China.