Denso.com taken away from cybersquatters and returned to the Japanese
"The court deprived the Russians of the domain in the zone. Com in favor of the Japanese company Denso," writes RBC Daily .
And describes the situation as follows:
Yesterday YOU upheld the decision of the Court of Appeal of St. Petersburg to refuse to transfer the rights to use the denso.com domain name to Denso.com. The Japanese concern Nippondenso, one of the largest auto component manufacturers in the world, was renamed Denso in 1996, after which the corresponding domain name was registered in the .com zone. Registration expired on March 6, 2000. A week later, the domain name denso.com registered OOO Denso. According to Denso, the domain registration was interrupted "due to a technical error."
In 2003, the World Intellectual Property Organization (WIPO) on Arbitration and Mediation decided in favor of Denso, which demanded that the domain be returned to it. Then "Denso" filed a lawsuit in St. Petersburg with a request to challenge the decision of WIPO. After that, the law firm Gorodissky and Partners, representing the Japanese concern in court, lost the first and second instances, but then managed to return the case back to the first. After that, it was transferred to Baker & McKenzie, which won the first instance, but lost the appeal and cassation.
')
The decision of the Supreme Arbitration Court is commented on by Denis Khabarov, a partner of Baker & McKenzie (law firm), who spoke on the side of Denso Corporation:
“It is important that the courts were able to convince that in such a category of cases it is necessary not only to apply the norms of Russian legislation, but also to be guided by broader approaches to unfair competition stipulated by the criteria contained in the UDRP”
It seems to be a fairly straightforward situation, and the conclusions are clear: the court decided in favor of an honest trademark holder. However, when I sat down to write this topic, I came across a note that represents an alternative point of view:
... the role of Denso Corporation in this matter is greatly exaggerated. The Japanese, having lost Denso.com in due time, are still using the domain name densocorp.com quite calmly, and they were not going to start a lawsuit at all. I suspect that behind this process are Moscow lawyers specializing in trademark disputes, who, with the aim of making a trivial salary, shot down a Japanese company at the beginning of the litigation.
and from the same place:
For a long time, Denso LLC with varying success managed to defend an honestly acquired domain name, until the case reached the highest court in Moscow, where, apparently, the plaintiff applied the most powerful extrajudicial argument (I think all this hint was understood).
So it’s good to keep up with the fight against cybersquatting, until you come across the fact that a large corporation wants to take away your domain (probably remember the story of Canadian guy Mike Row, who managed to annoy Microsoft by registering MikeRowSoft.com?)
And describes the situation as follows:
Yesterday YOU upheld the decision of the Court of Appeal of St. Petersburg to refuse to transfer the rights to use the denso.com domain name to Denso.com. The Japanese concern Nippondenso, one of the largest auto component manufacturers in the world, was renamed Denso in 1996, after which the corresponding domain name was registered in the .com zone. Registration expired on March 6, 2000. A week later, the domain name denso.com registered OOO Denso. According to Denso, the domain registration was interrupted "due to a technical error."
In 2003, the World Intellectual Property Organization (WIPO) on Arbitration and Mediation decided in favor of Denso, which demanded that the domain be returned to it. Then "Denso" filed a lawsuit in St. Petersburg with a request to challenge the decision of WIPO. After that, the law firm Gorodissky and Partners, representing the Japanese concern in court, lost the first and second instances, but then managed to return the case back to the first. After that, it was transferred to Baker & McKenzie, which won the first instance, but lost the appeal and cassation.
')
The decision of the Supreme Arbitration Court is commented on by Denis Khabarov, a partner of Baker & McKenzie (law firm), who spoke on the side of Denso Corporation:
“It is important that the courts were able to convince that in such a category of cases it is necessary not only to apply the norms of Russian legislation, but also to be guided by broader approaches to unfair competition stipulated by the criteria contained in the UDRP”
It seems to be a fairly straightforward situation, and the conclusions are clear: the court decided in favor of an honest trademark holder. However, when I sat down to write this topic, I came across a note that represents an alternative point of view:
... the role of Denso Corporation in this matter is greatly exaggerated. The Japanese, having lost Denso.com in due time, are still using the domain name densocorp.com quite calmly, and they were not going to start a lawsuit at all. I suspect that behind this process are Moscow lawyers specializing in trademark disputes, who, with the aim of making a trivial salary, shot down a Japanese company at the beginning of the litigation.
and from the same place:
For a long time, Denso LLC with varying success managed to defend an honestly acquired domain name, until the case reached the highest court in Moscow, where, apparently, the plaintiff applied the most powerful extrajudicial argument (I think all this hint was understood).
So it’s good to keep up with the fight against cybersquatting, until you come across the fact that a large corporation wants to take away your domain (probably remember the story of Canadian guy Mike Row, who managed to annoy Microsoft by registering MikeRowSoft.com?)
Source: https://habr.com/ru/post/44467/
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