IP Komodo has written before about the growth shoots in civil IP litigation in Vietnam. The lack of Domain Name arbitration procedures has given the Da Nang City People’s Court a chance to hear an IP trial. Da Nang is the largest city in Central Vietnam and has a regular stream of IP work.
The plaintiff French building materials company Lafarge sued defendant, Pham Thi Ngoc Han of Da Nang, over the domain name www.lafarge.com.vn. His website redirected traffic to http://lafarge.jimdo.com, where he displayed construction related advertisement. He also used a similar logo to the L LAFARGE logo.
In April 2014, the Da Nang City People’s Court ordered revocation of the domain name and gave Lafarge priority to register a new domain name within 10 days. The basis was unfair competition because the defendant committed “an act of unfair competition and an infringement of the rights over the mark LAFARGE”.
This is the second such domain name case following a 2010 decision of the Hanoi People’s Court revoking a domain name www.samsungmobile.com.vn