4. The complainant did not submit any evidence to prove that the trademark google was well-known in China before December 3, 1999 when the disputed domain name was registered, therefore, the panel will not consider the possibility of protecting the trademark google as a well-known trademark. |
The panel concluded that the complainant did not satisfy the first requirement of Article 8 of the Measures of the China Internet Network Information Center for the Resolution of Disputes Relating to Domain Names, which are applicable rules, and rejected the Google's claim. |
Article 8 of the Measures provides that a complaint satisfying the following three requirements shall be upheld: |
1. The disputed domain name is identical with or confusingly similar to the name or mark of the complainant in which the complaint has civil rights and interests; |
2. The holder of the disputed domain name has no right or legitimate interest in respect of the domain name or major part of the domain name; and |
3. The holder of the disputed domain name has registered or used the domain name in bad faith. |
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