{
    "case_number": "CAC-UDRP-108141",
    "time_of_filling": "2025-11-12 07:02:12",
    "domain_names": [
        "qwen3.org"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Alibaba Innovation Private Limited"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Ihor Poloz"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant Alibaba Innovation Private Limited is a company belonging to the Alibaba Group, a leading Chinese multinational conglomerate founded on June 28, 1999, in Hangzhou, Zhejiang. The Group operates globally across a wide range of sectors including e-commerce, retail, Internet, and technology. It offers consumer-to-consumer (C2C), business-to-consumer (B2C), and business-to-business (B2B) sales services through both Chinese and international marketplaces. In addition, the Group provides services in digital media and entertainment, logistics, and cloud computing. Alibaba Innovation Private Limited is part of this global ecosystem, which also includes entities such as Alibaba<br \/>(China) Co., Ltd. and Alibaba.com Corporation.<\/p>\n<p>Complainant further states that it is one of the world&rsquo;s largest and most influential companies in the fields of retail and e-<br \/>commerce and is active in over 190 countries. In addition to its leadership in online commerce, the company was ranked in 2020 as the fifth-largest artificial intelligence enterprise globally. Through its fintech subsidiary, Ant Group, Alibaba also operates as the world's second-largest financial services provider after Visa. Furthermore, it is recognized as one of the most prominent venture capital and investment firms worldwide.<\/p>\n<p>The Alibaba Group operates the world&rsquo;s largest online marketplace across all major segments: B2B (Alibaba.com),<br \/>C2C (Taobao), and B2C (Tmall). The Group has also significantly expanded into the media, entertainment and artificial intelligence sectors, with revenues in these areas growing at a triple-digit rate year over year. Notably, during the 2018 edition of China&rsquo;s Singles&rsquo; Day &ndash; the world&rsquo;s largest online and offline shopping event &ndash; Alibaba set a global sales record.<\/p>\n<p>As part of its AI strategy, Alibaba states that it has developed QWEN, a family of cutting-edge large language models (LLMs) designed for multilingual understanding, reasoning, and enterprise applications. These models are accessible via Alibaba Cloud and form the foundation of the Group&rsquo;s generative AI ecosystem. The Complainant has systematically promoted its Qwen models through a series of public releases, both internationally and domestically. Between 2023 and 2025, Alibaba Cloud issued numerous official announcements &ndash; via its global press room, Alzilla, and Chinese platforms such as Baidu &ndash; highlighting the open-sourcing, technical upgrades, and enterprise adoption of Qwen models. These releases demonstrate a coordinated communication strategy aimed at establishing Qwen as a leading open source.<\/p>\n<p>Moreover, leading Ukrainian technology media outlets, including ITC.UA, DEV.UA, Highload, and DOU.UA, have published articles and discussions about Qwen AI and its advanced capabilities. These publications highlight the growing interest in Qwen&rsquo;s open-source models and their&nbsp;potential applications within the Ukrainian IT ecosystem, demonstrating that the Complainant&rsquo;s products&nbsp;have achieved visibility and recognition among key industry stakeholders in Ukraine.&nbsp;The QWEN model has achieved top-tier recognition across several international and Chinese AI&nbsp;benchmarks, including OpenCompass, the Open LLM Leaderboard, Compass Arena, and Chatbot&nbsp;Arena. Specifically, Qwen-72B, Qwen2-72B, and Qwen2.5 consistently ranked first or among the top&nbsp;performers in evaluations published between 2023 and 2024, with scores demonstrating superior&nbsp;performance compared to other open-source models. These results have been widely documented by&nbsp;official sources and leading technological media outlets.<\/p>\n<p>The Complainant further states that it has actively showcased its Qwen models at major industry events, including the APSARA Conference held annually in Hangzhou. The Qwen models were exhibited in the 2023, 2024, and 2025 editions of the conference, as evidenced by official event schedules and photographic documentation. These exhibitions serve as further proof of the public disclosure and promotion of the Qwen models to both domestic and international audiences.<\/p>\n<p>Finally, according to the Complainant it originally launched its AI model family&nbsp; under the name &ldquo;Tongyi Qianwen&rdquo;, which is the Chinese designation of the technology. In international and technical contexts, the Complainant adopted the abbreviated name &ldquo;Qwen&rdquo; to refer to the same suite of large language models (LLMs) and multimodal models (MLLMs). This equivalence is explicitly confirmed in official communications by Alibaba Cloud, which states that &ldquo;Qwen (also known as Tongyi Qianwen)&rdquo; refers to the same proprietary AI model family. Accordingly, the term &ldquo;Qwen&rdquo; has become the globally recognized identifier of the Complainant&rsquo;s technology.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>",
    "no_response_filed": "<p>COMPLAINANT&nbsp;<\/p>\n<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. Specifically, the Complainant states:<\/p>\n<p>The Complainant states that it registered the domain name qwen.net on March 18, 2023, followed by qwen.ai on August 27, 2023 which resolves to the Complainant&rsquo;s official website https:\/\/qwen.ai\/. Consequently, within the broader domain of multimodal AI technologies QWEN has emerged as a distinctive identifier closely associated with the Complainant&rsquo;s brand and product suite. The Complainant has consistently promoted the &ldquo;QWEN&rdquo; denomination across major online platforms, including the official website https:\/\/qwen.ai\/, as well as verified accounts on leading social media and developer environments such as GitHub, Hugging Face, X, Discord, LinkedIn. &nbsp;<\/p>\n<p>The Complainant further states that the Respondent registered &lt;qwen3.org&gt; on September 6, 2024, without the Complainant&rsquo;s authorization and redirected it to a third-party website that prompted users to click &ldquo;Allow&rdquo; to confirm that they were not robots, as part of a scam or fraudulent scheme. The use of this domain name in connection with such a mechanism demonstrated a clear intent to mislead users regarding a potential affiliation with the Complainant.<\/p>\n<p>&nbsp;<\/p>\n<p>According to the Complainant, this conduct is particularly egregious given that users are likely drawn by the expectation of accessing open-source AI models, making the deception more effective and harmful. The deliberate adoption of the disputed Domain Name, which fully incorporates the name of one of the Complainant&rsquo;s most recent and publicly launched models (&ldquo;Qwen3&rdquo;), confirms that the Respondent is not only aware of the Complainant&rsquo;s business, but is actively seeking to exploit its goodwill and reputation.<\/p>\n<p>&nbsp;<\/p>\n<p>The Complainant further contends that this behavior goes well beyond mere reference: it demonstrates a clear and deliberate attempt to associate with the Complainant&rsquo;s brand and mislead users for illegitimate gain. In this regard, the Complainant highlights that it has been stated in various decisions that the registration of a domain name with the knowledge of the complainant&rsquo;s trademarks is evidence of bad faith. Further, the Respondent&rsquo;s registration of the disputed Domain Name occurred at a time when the Complainant&rsquo;s QWEN brand had already gained visibility through formal trademark filings and sustained public promotion. By early 2024, the Complainant had taken concrete steps to secure its brand identity, including multiple trademark applications for &ldquo;QWEN&rdquo; and &ldquo;TONGYI QWEN&rdquo;, as well as the earlier filing and registration of &ldquo;TONGYI&rdquo;, a mark closely tied to the QWEN project. These efforts were complemented by the Complainant&rsquo;s active use of domain names incorporating the &ldquo;QWEN&rdquo; mark and the widespread dissemination of its AI models across industry channels. The Respondent&rsquo;s decision to register a domain name identical to the Complainant&rsquo;s distinctive mark &ndash; shortly after these developments &ndash; cannot be reasonably viewed as coincidental. Instead, it reflects a calculated attempt to benefit from the Complainant&rsquo;s growing reputation and to mislead users by appropriating a brand that had already achieved recognition in the relevant fields internationally.<\/p>\n<p>&nbsp;<\/p>\n<p>Finally, the Complainant contends that the Respondent has misused the Complainant&rsquo;s trademark. Its conduct demonstrates a clear intent to exploit the Complainant&rsquo;s reputation by redirecting users to third-party websites that employ deceptive mechanisms, thereby misleading internet users searching for the Complainant&rsquo;s products and services.<\/p>\n<p>RESPONDENT<br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p>The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Gerald Levine Ph.D, Esq."
    ],
    "date_of_panel_decision": "2025-12-15 00:00:00",
    "informal_english_translation": "<p>The Complainant holds multiple trademark registrations that include or consist of the term &ldquo;QWEN&rdquo; across various jurisdictions, including Hong Kong, the United Kingdom, the United Arab Emirates, Singapore, the Philippines, Indonesia, Saudi Arabia and the European Union. Additionally, several applications are currently pending in other countries and regions.<\/p>\n<p>These registrations cover a range of goods and services, notably under Nice Classes 9 and 42.<\/p>\n<p>Hong Kong TM No. 306741423 &ndash; QWEN &ndash; Nice Cl. 9, 42, registered on 2024, November 27;<br \/>United Kingdom TM No. UK00004131074 &ndash; QWEN &ndash; Nice Cl. 9, 42, registered on 2025, February;<br \/>EU TM No. 019113462 &ndash; QWEN &ndash; Nice Cl. 9, 42, registered on 2025, August 2 (Annex 3.3);<br \/>Philippines TM No. PH4202400532848 &ndash; QWEN &ndash; Nice Cl. 9, 42, registered on 2025, January 18;<br \/>Malaysian TM No. TM2024038102 - QWEN &ndash; Nice Cl. 9, 42, registered on 2024, December 5;<br \/>Singaporean TM No. 40202428254S - QWEN &ndash; Nice Cl. 9, 42, registered on 2025, May 15;<br \/>Singaporean TM No. 40202407909R - TONGYI QWEN &ndash; Nice Cl. 9, 42, registered on 2024,<br \/>September 20;<br \/>Indonesia No. DID2024129082 &ndash; QWEN &ndash; Nice Cl. 9, 42, registered on 2025, June 10;<br \/>United Arab Emirates TM No. 422747 - TONGYI QWEN - Nice Cl. 9, registered on 2024,<br \/>December 23;<\/p>",
    "decision_domains": {
        "qwen3.org": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}