BOSCH domain name suit: district court ruled for German BOSCH company, invoking US Anti-cybersquatting Act

E030504Y2 Jun. 2003(E45)

    A Taiwanese motor company engaging in used cars business filed a civil action out of dissatisfaction at a relevant institution’s decision to cancel a domain name containing BOSCH it had successfully registered, and to transfer it to the German-based Bosch Group.  However, the Taipei District Court, invoking the US Anti-cybersquatting Act, determined that Bosch Group’s trademark has been popular around the world for decades, and that the plaintiff registered the said domain address with the bad faith intent to impede Bosch Group’s right to use its trademark for Internet domain name.  Hence, the court ruled against the plaintiff.  It is understood that this case marks the first invocation of the US Anti-cybersquatting Act by our civil court for judicial reference. 

 

    The court investigation found Bosch Group has successfully applied for the trademark registration of “BOSCH” in Taiwan as early as in 1962, and the very mark being used on a variety of electric appliances and automotive products has been enjoying a global popularity for decades, and the domain name“ WWW.BOSCH.COM” has been used for its corporate website long time ago.  The domain name registered by the Taiwanese motor company is only different in the “.TW”, and it can easily cause confusion on the Internet. 

 

    The said motor company used another’s trademark for its corporate website address.  However, judging from the crude contents of its website, it appears that the company did not use the website to conduct any commercial activities.  And, in addition to BOSCH, the company has registered another six domain names containing trademarks owned by others, some of which are also well-known ones.  It is apparent that the company registered these domain names with a bad faith intent, and its motivation is suspicious.
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