You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

August 2, 2014

Landmark Win in Lafarge Domain Name Dispute

Subscribe to Updates
Managing Intellectual Property

On April 22, the People’s Court of the city of Da Nang issued a decision ordering the revocation of the “lafarge.com.vn” domain name registered by a Vietnamese individual, giving Lafarge S.A. of France a 10-day “sunrise” period to register the domain name itself. This brought to a conclusion a five-year battle over cybersquatting and set a precedent for domain name cases in Vietnam. In a report on the settlement, Vietnam’s national domain-name administration agency VNNIC stated, “This is the most prominent court settlement of a domain name dispute so far, and can be seen as a model for judicial bodies to apply for the settlement of disputes going forward.” Tilleke & Gibbins advised Lafarge on the case.

Case Background

France’s Lafarge SA, founded in 1833, is a world leader in building materials, specializing in cement, concrete, and aggregates. The company’s “LAFARGE” trademark has been protected in Vietnam since 1974, while its LAFARGE and Device trademark has been protected in Vietnam since 1995.

In 2009, Lafarge discovered that the Vietnamese domain name www.lafarge.com.vn had been registered by Pham Thi Ngoc Han, a woman from Da Nang. Concerned about the cyber-squatting, in February 2010, Lafarge sent a cease-and-desist letter to the registrant, seeking a voluntary return of the domain name to Lafarge. In reply to the letter, Ms. Han brazenly demanded USD 1,200,000 for the return of the domain name.

Concluding that the registrant had no legitimate interest in amicably resolving the case, Lafarge decided to proceed with legal actions to retrieve the disputed domain name. However, no authorities could help Lafarge to resolve the dispute. The Market Control Department of Da Nang could not handle the case although they interrogated the cyber-squatter. The Inspectorate of the Ministry of Information and Communications denied the administrative actions set forth under Decree 97/2010/ND-CP and declined to deal with the case by administrative route. The Inspectorate of the Ministry of Science and Technology, though they acknowledged the administrative action under Decree 97/2010/ND-CP, stayed the proceedings due to a lack of legal documents guiding the Decree. The Department of Science and Technology of Da Nang turned down the case as they could not summon the cyber-squatter.

When no administrative bodies accepted the dispute, Lafarge had to fall back on the court. On March 25, 2013, Lafarge brought a lawsuit against the cyber-squatter to recover the domain name, understanding that the defendant would likely be untraceable, having possibly fled to another country as she was being hunted for a criminal offense. Therefore, the plaintiff relied on various regulations to request the court to officially search for the defendant. The search of the court would pave the way for an ex parte resolution of the dispute.

When the timeframe for the search expired, the defendant still had not appeared. Accordingly, on April 22, 2014, the court opened an ex parte hearing to conclude the case. In the hearing, the court ordered a revocation of the domain name and gave Lafarge a sunrise period of 10 days to register the domain name after the revocation.

Significance of the Victory

The suit is the first ex parte IP case that the local Vietnamese courts have ever dealt with, setting a precedent for all future cases in which the parties cannot trace down the defendant. In light of Lafarge’s successful approach to achieving an ex parte hearing, other IPR holders need only follow suit to seek such a hearing for not only domain name dispute cases but also for other IP cases.

The case is the second domain name dispute case ever handled by the local courts, with the first being a dispute over the domain names “samsungmoible.vn” and “samsungmobile.com.vn” in 2011. The suit marks a positive development in applying the laws to resolve domain name disputes by the competent authorities. Currently, there are two parallel systems for resolution of domain name disputes, namely, a system set forth under the Law on Information and Technology and its subordinate documents and a system provided under the Law on Intellectual Property. In the Samsung case, the court relied mainly on the Law on Information and Technology to resolve the dispute. In the Lafarge case, the court seems to have also relied on the IP system.

Subordinate agencies under the Ministry of Information and Communication such as the Inspectorates of the Ministry often have refused to acknowledge the system under the IP Law. VNNIC, a subordinate agency under the Ministry in charge of withdrawing disputed domain names upon the request/order of competent authorities, had in fact usually disregarded the system under the IP Law and had declined to withdraw disputed domain names as instructed by the competent authorities attempting to resolve the disputes based on the IP system. In the Lafarge case, VNNIC dropped its objections and withdrew the domain name www.lafarge.com.vn after receiving the court’s judgment.

Related Professionals

Industries

Technology

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

July 20, 2026
On July 16, 2026, Thailand’s Personal Data Protection Committee (PDPC) published a notification in the Government Gazette establishing detailed rules governing data subjects’ right of access under section 30 of the Personal Data Protection Act B.E. 2562 (2019) (PDPA). The notification will take effect 60 days after publication—mid-September 2026—giving data controllers a limited window to bring their processes into compliance. Scope The notification covers requests to access or obtain copies of personal data and requests for disclosure of the source of data collected without consent. Data subjects may exercise their rights directly or through authorized representatives. Key Requirements Important requirements set by the notification include the following: Required request channels. Controllers must provide at least two request channels: direct submission at the business location and registered mail. Electronic channels are optional but, if offered, may also be used for fulfilling requests. Request contents. Requests must be in writing or in electronic form and include the data subject’s name, the preferred access method, details of the data requested, and the requester’s signature. Controllers may request additional identifying information as needed. Identity and authority verification. Controllers may require official identity documents for verification. Authorized representatives must provide authorization documents and identity documents for both the data subject and the representative. Alternative verification methods (e.g., digital authentication) are permitted if they do not unreasonably obstruct data subjects’ rights. Review and response timelines. Controllers must review requests within 15 days. If the request is incomplete, the controller must notify the requester and allow at least 15 days to correct deficiencies. If not corrected, the request may be treated as abandoned. Once verified, controllers must fulfill requests within 30 days, extendable by another 30 days for large-volume or complex requests with notice to the requester. Methods for providing access or copies. Controllers may fulfill
Read More
July 16, 2026
Thailand’s Office of the Personal Data Protection Committee (PDPC) published a series of draft guidance documents for public consultation on July 7, 2026. Issued under the Personal Data Protection Act B.E. 2562 (2019) (PDPA), the drafts address a range of compliance issues and offer insight into the regulator’s current enforcement priorities. This article examines two of those drafts: one on lawful bases for processing personal data, and another on marketing and direct marketing. Together, they reflect the Office of the PDPC’s evolving expectations on lawful-basis selection, accountability, and the use of personal data in marketing. Organizations operating in Thailand should assess the practical implications now, before the guidance is finalized. Lawful Bases: A Structured Selection Process The draft guidance on lawful bases introduces a systematic five-step process for selecting an appropriate lawful basis for each processing activity. Organizations are expected to: Identify the processing activity involved. Assess the appropriate lawful basis. Evaluate whether the data is necessary for the processing. Conduct a legitimate interest assessment (LIA) where applicable. Ensure transparency through privacy notices. The guidance provides practical explanations and examples for each lawful basis under section 24 of the PDPA—including archiving, research, statistics, vital interests, contractual necessity, legal obligation, public task, legitimate interests, and consent—as well as the bases applicable to sensitive personal data under section 26. The aim is to promote more consistent and accurate lawful-basis selection across public- and private-sector organizations. A recurring theme throughout the guidance is that organizations should select the lawful basis that most accurately reflects the actual purpose and circumstances of the processing activity. The guidance cautions against treating consent as a default or catch-all basis where another lawful basis is more appropriate. For processing based on legitimate interests, organizations should conduct and document an LIA. Processing involving sensitive personal data may require
Read More
July 14, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published guidelines establishing a risk-based framework for the responsible use of artificial intelligence by telecom licensees. Released on July 2, 2026, the Guidelines on the Use of Artificial Intelligence for Telecommunications Services address governance structures, ethical principles, lifecycle management, and consumer protection obligations. Scope and Legal Context The nonbinding guidelines apply to holders of telecom business licenses under Thailand’s telecom licensing laws, but only with respect to the use of AI in providing licensed telecom services. Entities without such licenses are not directly subject to the guidelines, though they may be affected as third-party AI solution providers to licensees. The guidelines supplement and should be read alongside existing laws, including the Cybersecurity Act, the Personal Data Protection Act (PDPA), the Computer Crime Act, and the NBTC Notification regarding Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications, as well as forthcoming AI governance legislation being drafted by the ETDA. AI Governance Structure Licensees are expected to establish committees, working groups, or designated officers at both policy and operational levels to set strategic direction for AI use, formulate governance policies and tools, and oversee risk management. Roles, responsibilities, and accountability should be clearly defined for all personnel across every stage of the AI lifecycle—including for third-party AI solution providers and outsourced service providers, whose obligations should be explicitly documented in service agreements. Core Principles The guidelines identify six core principles that licensees should adhere to when deploying AI: Compliance with laws, ethics, and international standards: AI should respect privacy, dignity, and human rights, and content filtering for inputs and outputs should be considered. For example, the AI should not be designed and developed to be used in generating false information, supporting illegal activities, or causing
Read More
July 10, 2026
Vietnam has taken a significant step in regulating its e-commerce sector with the issuance of a new decree guiding the country’s recently enacted Law on E-Commerce. Decree No. 248/2026/ND-CP, issued on June 30, 2026, and taking effect the following day, addresses mandatory platform policies, registration requirements for offshore platforms, additional obligations on platform operators, and market access conditions for foreign investors. Mandatory Policy Contents The decree sets out detailed guidance on the required contents of various platform policies, covering pricing, payment, display priority, livestream sales, delivery, returns, method of service provision, and service termination and refunds. Clarification of Obligations for Platform Operators The decree provides clarification of the obligations applicable to platform operators. Notably, intermediary e-commerce platform operators with online ordering functions must: Collect specific information to implement electronic identity verification of sellers; Cooperate with regulators by reporting online through the state e-commerce management system and by blocking, suspending, or removing content upon request of a competent authority; Maintain a mechanism to store contract data, including price, product or service information, and parties’ information, for at least three years from the date of contract conclusion; and If qualifying as a “large digital platform” under consumer protection law, maintain an online system for receiving and handling complaints and requests, and comply with enhanced content-removal requirements. Registration Requirements for Offshore Platforms Offshore e-commerce platforms, whether direct-sales, intermediary, social-network-based, or integrated, that conduct e-commerce activity in Vietnam must register with the Ministry of Industry and Trade if the platform: Allows Vietnamese-language selection; Uses a “.vn” domain; or Reaches 100,000 or more transactions with Vietnam-based buyers within a calendar year. Notably, the registration requirement now captures not only traditional intermediary platforms, but also direct-sales platforms. Foreign Investment Conditions Foreign investors holding a controlling interest in an intermediary e-commerce platform, a social media platform
Read More