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In: Business and Management

Submitted By tramngo
Words 508
Pages 3
Vietnam: Landmark win in LAFARGE domain name dispute.
People's Court in Da Nang City, 2014.
Verdict No. 05/2014/KDTM-ST

Facts: In 2009, Lafarge of 61 Rue Des Belles Feuilles F - 75116 Paris, France, discovered that the Vietnamese domain name had been registered by Pham Thi Ngoc Han, a woman from Da Nang. Concerned about cybersquatting, in February 2010, Lafarge sent a cease-and-desist letter to the registrant, seeking a voluntary return of the domain name to Lafarge. In reply to the letter, Han brazenly demanded $1.2 million for the return of the domain name. Lafarge decided to proceed with legal actions to retrieve the disputed domain name.

Issue: 1. Did M.s Ngoc Han’s actions cybersquatting the name of and using the name for obstructing LAFARGE and re-selling the name for benefits violate the trademark right and negatively effect the brand name of LAFARGE company ?

2. Did Ms Han’s ations of using the site for advertising and sales of construction material prejudice the reputation or popularity of the mark LAFARGE ?
1. Both of the answers of the questions are “Yes”. The domain name "" is used on bad faith which is evidenced by M.s Han’s offer for sale of such domain name which has constituted an unfair competition, infringing the trademark rights over LAFARGE.

2. People's Court in Da Nang City decided and rendered a judgement No. 05/2014/KDTM-ST to withdraw the domain name “” and give priority for the LAFARGE company to register the disputed domain name within 10 consecutive days upon the legal effect of the judgement.
1. At the time of initiation and acceptance of the case, the trademark "LAFARGE", "LAFARGE & device" are still protected in Vietnam.

2. There is no authorization or trade representative agreement between LAFARGE…...

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