Arbitration (Commercial) court of St.Petersburg and Leningrad region and then the Federal arbitration court of Northwest district recognized the right of “Denso”(Russia) and “Servicepoint” (Russia) for domain name denso.com. The court dispute for the domain name between Japanese “Denso” (world largest manufacturer of car completing items) and Russian “Денсо” (design and corporate financing) has been active for more than five years. The Japanese company maintains that they forgot to prolong registration of their domain denso.com, which has expired on 6th March 2000, and starting from 13th March said domain was registered by Russian “Денсо”. In 2003 the WIPO center on arbitration and support adopted the decision in favor of the Japanese company on the basis of Uniform Domain Name Dispute Resolution (UDRP) – unified policy for resolving domain disputes elaborated by WIPO and adopted by ICANN. However, in compliance with the ICANN regulations the defeated party, if it does not agree with the resolution, is entitled to apply to court of their jurisdiction. “Денсо” (Russia) appealed to St.Petersburg Arbitration (Commercial) court and won the case. Russian “Денсо” maintained that it was established in 1993 using the trademark “DenSO” for delivering correspondence.
Experts are of the opinion that although the Russian court resolution is obligatory and binding for ICANN, the Japanese company can reasonably dispute it in the Supreme Court of Arbitration.
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