Therefore, Beijing people s courts may handle the domain name registration cases, or the court where the dependent is located shall handle the case. The domain name disputes shall be handled by the people s high courts, as trial court, provided that damage claim is RMB 3,000,000 or more. The case should be handled as a trademark infringement case if it is a dispute between the trademark registration and the domain name registration. The burden of proof is on the trademark owner. The case may also be based on unfair competition law provided that other rights of the owner has been blocked, for instance, the willful use of a well-known mark in other classes of goods may be handled under the unfair competition law, but the fame of the mark must be established.
Permanent injunction is available, so is monetary damage.
It was the very first judgment rendered in China with respect to the disputes of trademark and domain name. The Beijing First Intermediate Court handled this case, which is the very first case between a trademark owner and a domain name registrant. Both parties are Chinese companies. The trademark was registered in 1997 in class 9 for electronic computer peripherals, and notebook computers, etc. PDA stands for personal data assistant, a kind of palm top computer.