In
our February 2002 Newsletter
(N.S. 193) we reported on a decision of the Second
Intermediate People's Court in Beijing in the case of
Inter
Ikea Systems B.V. (Inter Ikea) v. Beijing Guo Wang Information Co., Ltd.
(Beijing Guo Wang).
In that case the Court held that IKEA was a well-known mark and restrained
Beijing Guo Wang from using the domain name, ikea.com.cn. The Court also
ordered that the registration be canceled within 10 days of the decision.
Beijing Guo Wang appealed the decision to Beijing’s highest municipal
court which has now dismissed the appeal. The only significant change from the
lower court’s ruling was that the appeal court declined to recognize
Inter Ikea’s trademark as being well-known as such determinations were
reserved to the State Administration for Industry and Commerce. No further
appeal is allowed under Chinese law. Although China’s legal system does
not regard case law as binding, this decision is important for future domain
name cases, as the Court afforded protection of trademark rights in a domain
name dispute.


