Dilanchian Lawyers & Consultants
(02) 9269 0229
Domain-name-legal-protection

Domain names & IP protection

Do nothing if you receive an unsolicited email for a domain name registration in China. The message of the email will read like friendly advice. It's not. It's a scam.

The email will claim that someone has applied to register an identical domain as yours in China. Ignore. It's bull.

This China domain name scam continues. The authors may not even be from China. I first wrote in 2007 about this scam in Domain name scam made in China.

Here's an illustration. Today a client made contact. He received the email below.

Date: 13 July 2011 1:36:55 PM
To: [CONFIDENTIAL - REMOVED]
Subject: Urgent notice of Intellectual Property protection

Dear Manager:

This email is from China domain name registration center, which mainly deal with the domain name registration and dispute internationally in China and Asia.
On July 11th 2011. We received Tianhua Ltd's application, they want to register "[CONFIDENTIAL - REMOVED]" as its Internet keyword and CN/Asia domain names. It is china and Asia domain names. But after checking we find this domain name conflict with your company, in order to deal with this matter better, so we send you email, and want to confirm whether this company is your distributor or business partner in China?

domain-name-hua-speech

I'm looking forward to hearing from you!

Best Regards,

John
Oversea marketing manager 
Shanghai Office (Head Office)
3002, Nanhai Building, No. 854 Nandan Road,
Xuhui District, Shanghai 200070, China
Tel: +86 216191 8696
Mobile: +86 136615 29704
Fax: +86 216191 8697
Web: www.ygnetwork-ltd.com

Like other scam emails this one contains telltale signs. Note 1: There's no company name in the signature block. Note 2: There's grammatical and spelling errors, the signature block job title is "Oversea marketing manager".
 
 
We've added the Chinese characters above, the symbol for "speech".

IP protection of names

As IP lawyers we are often contacted by clients concerned that their IP rights are being stolen. Protection of names involves a range of steps which we advise clients about.
  • Domain name registrations (are just the beginning)
  • Trade mark registrations
  • Company or business name registrations
  • Legal notices to use in association with names and brands
  • Packaging and product design to bring out the brand
  • Maintaining an intellectual property register
  • There are legal "use it, or you'll lose it" principles. Thus, use the names and brands you have. If they are registered use them in the same form as the registration.
When you have this armory of protections in place you'll be less concerned by random scam emails. Review your position. Are you clear that you have the real protections in place that are needed?

 


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