CAP GEMINI won 'capgemini.com.cn' domain name dispute

CAP GEMINI v Fujian YIN HUA Investment Co., Ltd. / CIETAC Domain Name Dispute Resolution Center

Facts

CAP GEMINI, which was founded in 1967, is a leading international consulting company. Having completed acquisition of the Consulting Division of Ernst & Young, CAP GEMINI entered into China in 1996. As a top five consulting company, CAP GEMINI and its brand “CAP GEMINI” are very well known in China. Before registration of trademark “CAP GEMINI” in 1997, CAP GEMINI registered domain name “capgemini.com” and advertised its brands and services through internet.

Fujian YIN HUA Investment Co., Ltd. was founded in 2003, focusing on investment of high technology, energy sources, real state and internet. YIN HUA registered domain name “capgemini.com.cn”.

Held

Unitalen Attorneys at Law as the attorney of CAP GEMINI invoked the domain name resolution procedure before China International Economic and Trade Arbitration Commission Domain Name Dispute Resolution Center (CIETAC Domain Name Dispute Resolution Center) in 13 April 2007. CIETAC Domain Name Dispute Resolution Center found that the dominant part “capgemini” of the domain name “capgemini.com.cn” is a blatant imitation of CAP GEMINI’s registered trademark “CAP GEMINI”, likelihood of confusion exists. The domain name “capgemini.com.cn” has therefore been transferred to CAP GEMINI.