Legitimate or not?
Within the last two weeks, two of Clock Tower Law Group’s clients have received email solicitations from a company in China. The company appears to be offering registered trademark owners (i.e. our clients) the chance to register certain Chinese domain names that a third party (Gardiner Limited) is supposedly trying to register.
Each of my clients thought that the email sounded suspicious and asked for my help. Is this a legitimate and clever marketing campaign? Or is it something else? I do not know the answer. I hope that by posting the emails (edited to remove the names of my clients and replacing their domains with “example”) in this article that others will find this article and provide their input in the comments.
This email arrived first:
Subject: URGENT-Dispute of trademark / China From: Jet YaoTo: [DELETED] Dear CEO, We are registration service authorized by CHINAGOV (THE DEVELOPMENT CENTER OF THE STATE COMMISSION OFFICE FOR PUBLIC SECTOR REFORM in China. We have something need to confirm with you. We formally received an application. One company which called 'Gardiner Limited' is applying to register followings: Internet brand: example Domain Names: www.example.tw, www.example.hk, www.example.net.cn, www.example.org.cn After our initial examination, we found that the internet brand being applied for is as same as your company's name. These days we are dealing with it, hope to get the affirmation from your company. If your company has not authorized the aforesaid company to register these, Please contact us as soon as possible. In addition, we hereby affirm that our time limit for dissent application is 15 days. If your company files no dissent within the time limit, we will unconditionally approve the application submitted by "Gardiner Limited". Best Regards, Jet Yao -------------------------------------------------------------------------------- Shanghai IDC Network Information & Technology Co., Ltd ADD:A601, Block 2, ShanghaiWithub White-cat Science Park No.641 TianshanRoad ,Shanghai Tel:+(86)21 5175 0322 Fax:+(86)21 5175 0301 website: www.govidc.org.cn
This email arrived second:
From: steven [mailto:steven@govidc.com.cn] To: [DELETED] Subject: URGENT - dispute of network domain name and trademark Dear CEO, We are registration service authorized by CHINAGOV (THE DEVELOPMENT CENTER OF THE STATE COMMISSION OFFICE FOR PUBLIC SECTOR REFORM) in China. we have something need to confirm with you. We formally received an application. One company which called 'Gardiner Limited' are applying to register "example" as internet brand and CN domain names "www.example.hk, www.example.com.hk, www.example.tw, www.example.com.tw, www.example.net.cn, www.example.org.cn" on Aug. 15, 2007. After our initial examination, we found that the internet brand applied for registration are as same as your company's name and trademark. These days we are dealing with it, hope to get the affirmation from your company. If your company has not authorized the aforesaid company to register these, Please contact us as soon as possible. In addition, we hereby affirm that our time limit for dissent application is 15 days. If your company files no dissent within the time limit, we will unconditionally approve the application submitted by "Gardiner Limited". Best Regards, Steven Zhang Sponsoring Registrar: Shanghai IDC Co.,Ltd Address:Building 2, White-cat Science Park No.641, Tianshan Road,Chang ning Section, Shanghai, China Tel: +86-21-5175 0338 +86-21-5175 0321 Fax: +86-21-5175 0301 Website: http://www.govidc.org.cn E-mail: steven@govidc.com.cn
I do know that there are top-level domain names for nearly 200 countries/jurisdictions, and that each country/jurisdiction has its own rules for who can register a domain name. Many registers (such as GoDaddy) can register country TLDs (top-level domains). Here is a list of domain name registries around the world with links to the registration authority for each TLD. If you want to register a foreign domain name, first check with your US domain name registrar, then check with this TLD list.
See also:
* Asia Trademark Domain Scam Now Spoofing WIPO
http://domainnamewire.com/2010/09/10/asia-trademark-domain-scam-now-spoofing-wipo/
Another example of the Chinese domain name scam:
Definitely a scam. The problem is however, when they scrape your entire site and put it up under the squatted domain name. Bluehost seems to aid these people and after a complaint, will remove the site, but keeps the parked domain page (100% indexed) with ad revenue.
SCAMM!!! Pls. read below:
SCAMMMMMMMMMM READ BELOW
Dear Principal,
We are a domain name registration and dispute organization in Asia,who mainly deal with global companies’ domain name registration and internet Intellectual property right protection in Asia.Currently we have a very important issue that we need to confirm with your company.
On August.24,2009,We received an application formally from one company named Tian Yin Investment Co.,Ltd that wanted to applly for the Internet Trademark”abercrunk” and some domain names from our organization.
During our preliminary investigation,we found that these domain names keyword and Internet Trademark are identical with your trademark.These days we are dealing with this case,we were wondering whether you consigned Tian Yin Investment Co.,Ltd to register these domain names with us? If it is true,we will complete the registration of these domain names.Do you know this company? Currently,we have postponed this application of this company temporarily.In order to deal with this issue better,please contact us by telephone or email as soon as possible.
In addition,we hereby affirm that our time is limited for dissent application.If your company files no dissent within the time limit,we will unconditionally approve the application submitted by Tian Yin Investment Co.,Ltd.
(PS:If you are not in charge of this matter,please transfer this email to appropriate dept.)
Best Regards,
Anita
——————————————————-
Tel: 0085 2956 604 96
Fax: 0085 2301 978 72
Mail:Anita@cnsknet.cn
Website: http://www.asiadm.org
___________________________________________________________________________
Confidentiality Notice. This is a letter for confirmation. If the mentioned third party is your business partner or distributor in ASIA please DO NOT reply. We will automatically confirm application from your business partner after this audit procedure. We have to notify you, and our registration organization are not responsible for any dispute questions about trade mark, intellectual property nor patent after they succeed in registration. Hope you can understand! Thank you.
this is what I received from Linda
The header:
Return-Path:
X-YMailISG: naL4oPIWLDtAox384gC5SN1Y1r0_W5SyEKoewbGyZDCa70x6xLcZQM3HtpM.iU64mAfBhmsGlkSH0ixq9Cs1dLkoXepuO0PapGuk2jEr_sNE7uZlRVeoz7ztXzPi9LhL2URmBd_lyLR3kIMbFM6sQ9esjrEMgmOA3cS.Nfy69HQsaKsZaylE4ykpmXdYBBopc.1OXFmqotZMtM13m5qC9.I4uqOTItGYf4t2308uquKm_OtDu0KdM2ExxmEKRDV8YTDfzNzIRTDsuB5TtRhh5wrw3VTn_dUFZhzKrTP6mhcfk23BD0KPRDM.sHb4ohgvYG1QFSf72OyxMEF2bBpIP0WcBrAlsipkNjV5ItftLlu_IevutjpSrtH40TxtjwtRPOysz7OKHCtJNzemBow6uF8exq8c9ihzNCw-
X-Originating-IP: [218.5.79.101]
Authentication-Results: mta446.mail.re4.yahoo.com from=ygdns.org.cn; domainkeys=neutral (no sig); from=ygdns.org.cn; dkim=neutral (no sig)
Received: from 218.5.79.101 (EHLO 2007.vh.cnolnic.com) (218.5.79.101)
by mta446.mail.re4.yahoo.com with SMTP; Mon, 17 Aug 2009 21:40:36 -0700
Received: from WWW-3077F1CB261 (unknown [222.67.36.8])
(Authenticated sender: Linda@ygdns.org.cn)
by 2007.vh.cnolnic.com (Postfix) with ESMTP id 4B36D192B60
The Yuancheng(China) Company want to apply the following domain names:
pmhub.cn
pmhub.com.cn
pmhub.net.cn
pmhub.org.cn
and the Internet Trademark “pmhub”
Because China domain names takes open registration, the domain name stays available, who registers it first, who owns it. So Yuancheng(China) Company or
every other third party all has right to register it.
As a domain name registrar, we have right to dispute their application. So required by China government to inform your company to protect your interest.
As the company whose trademarks relate to the applied domain names, you will get the priority to register these domain names and internet trademark.
If you think their registration will confuse your clients and harm your profits, we can send an dispute application form to you and help you register these within
dispute period. This is the only way to prevent domain name grab.
If you need, we will send your company an dispute application form to fill in and help your company remain the priority to register these names.
Best regards!
Linda