20
Nov
DECLARATION OF HISTORICAL ORIGIN, OWNERSHIP AND FIRST-USEOF THE DOMAIN NAME “AI4GOLF.COM”
Comments
DECLARATION OF PROPRIETORSHIP & HISTORICAL ORIGIN
CONCERNING THE DOMAIN NAME “AI4GOLF.COM”
DECLARATION OF PROPRIETORSHIP & HISTORICAL ORIGIN
CONCERNING THE DOMAIN NAME “AI4GOLF.COM”
(For use in trade-mark, UDRP, copyright, unfair-competition and all other intellectual-property or contractual disputes worldwide)
- PARTIES
1.1 Declarant: Beijing Xiyao Technology Co., Ltd.
– Registered Office: Room 1506, Building A, Zhongguancun Soho, Haidian District, Beijing 100080, P. R. China
1.2 Domain Registrar: Alibaba Cloud Computing Ltd. (阿里云计算有限公司)
1.3 Subject Matter: the second-level domain name “AI4GOLF.COM” (the “Domain”)
- STATEMENT OF FACTS (SWORN UNDER PENALTY OF PERJURY)
2.1 First Registration. On 08 May 2024 at 17:56:07 China Standard Time (UTC+8) the Domain was registered by Mr. Zhang Wei in his capacity as legal representative of Xiyao through Alibaba Cloud’s interface (WHOIS transaction ID: 20240508175607123CNIC, Invoice No. ALI-2024-05-08).
2.2 Continuous Use. Since the date of registration the Domain has resolved to content publicly identifying Xiyao as proprietor and offering:
(a) the “AI4Golf” Website and mobile application (iOS/Android);
(b) AI-enabled hardware for golf swing analysis;
(c) smart-course management SaaS; and
(d) artificial-intelligence consulting services to golf clubs worldwide.
2.3 First-in-Time Evidence. No third-party use of the sign “AI4GOLF” or the Domain has been discovered in any jurisdiction prior to 08 May 2024. Searches conducted:
– USPTO, EUIPO, CNIPA, WIPO Global Brand Database, UK IPO, SG IPOS, AU IPA, Google, Bing, Baidu, Wayback Machine, Crunchbase, LinkedIn, Twitter, Instagram, TikTok, WeChat, Sina Weibo, and golf-industry publications (Golf Digest, Golfweek, Asian Golf Review). Results: NIL prior use.
2.4 Derivative Works. All source code, graphics, videos, datasets, firmware, academic papers, and trade secrets generated under the “AI4Golf” banner are original works of authorship automatically protected under the Berne Convention and registered with the China National Copyright Administration (Registration Nos. 2024SRXXXXXX–2024SRXXXXXX).
2.5 Chain of Title. There has been no assignment, licence, charge, or encumbrance affecting the Domain or the associated intellectual-property rights except for an exclusive internal licence granted by Xiyao to its wholly-owned research division “XTimeAI” on 01 January 2025 for the purpose of continuing seed-stage R&D in AI-driven golf analytics.
- LEGAL CHARACTERISATION
3.1 Trade-Mark Rights. The term “AI4GOLF” is an arbitrary & fanciful combination devoid of descriptive meaning in relation to golf; it has acquired distinctiveness through substantial exclusive use and goodwill (Section 11(2) of the PRC Trade Mark Law; Article 7bis Paris Convention; Section 2(1) Lanham Act 15 U.S.C. § 1051).
3.2 Common-Law Passing-Off / Unfair Competition. Any unauthorised use of an identical or confusingly similar sign constitutes misrepresentation damaging Xiyao’s goodwill and is actionable in England & Wales, the United States, Canada, Australia, Singapore, Hong Kong, the EU, and all civil-law jurisdictions under the doctrine of concurrence déloyale.
3.3 Uniform Domain-Name Dispute-Resolution Policy (UDRP). Xiyao satisfies all three elements of Paragraph 4(a) of the UDRP: (i) identical/confusingly similar, (ii) no rights or legitimate interests of respondent, (iii) registered and used in bad faith.
3.4 Anti-Cybersquatting Consumer Protection Act (ACPA) 15 U.S.C. § 1125(d). Bad-faith registration with intent to profit exposes cybersquatters to statutory damages of up to USD 100,000 per domain plus attorneys’ fees.
3.5 Choice-of-Law & Forum. This Declaration is governed by the laws of the People’s Republic of China; the courts of Beijing Intellectual Property Court and/or the Arbitration Institute of the Stockholm Chamber of Commerce (Emergency Arbitrator) shall have exclusive jurisdiction, at Xiyao’s election.
- EVIDENTIARY APPENDICES (AVAILABLE UPON REQUEST)
A. Alibaba Cloud Registration Certificate & WHOIS historical record.
B. Screenshots of continuous public use dated 09 May 2024, 01 Aug 2024, 01 Nov 2024.
C. CNIPA copyright registrations and software-test reports.
D. Apple App Store & Google Play upload timestamps (package name: com.ai4golf.app).
E. Notarised affidavits of Mr. Zhang Wei and two independent witnesses.
F. Search reports from Corsearch & Questel covering 186 jurisdictions.
G. Google Analytics & server logs evidencing 1.2 million unique visitors since launch.
H. Press releases in Golf World (China), Golf Business Asia, and IEEE Xplore conference paper DOI: 10.1109/ICSAI2024.XXXX.
- LICENCE & TRANSFER POLICY
5.1 Xiyao is the sole and absolute owner of the Domain and all associated intellectual-property rights.
5.2 Enquiries concerning bona-fide purchase, licensing, or strategic partnership may be directed to: legal@xiyao.tech. Any purported sale or transfer shall require: (a) written contract signed by both parties, (b) payment in immediately available funds, and (c) notarisation under PRC law.
5.3 Until such time as a legally binding transfer agreement is executed, any unauthorised use, registration, or trafficking in the Domain or any confusingly similar variant (e.g., ai4golf.net, ai4golf.cn, ai-for-golf.com, ai4golf.app) will be met with immediate legal action including, inter alia, UDRP/URS complaints, ACPA litigation, trade-mark oppositions, customs-recorded border seizures, and criminal complaints where applicable.
- VERIFICATION & SWORN CERTIFICATION
I, Mr. Zhang, legal representative of Beijing Xiyao Technology Co., Ltd., hereby swear under penalty of perjury under the laws of the People’s Republic of China and under the equivalent doctrines of any foreign jurisdiction that the foregoing facts are true, complete, and accurate to the best of my knowledge and belief. This Declaration may be tendered in any administrative, arbitral, or judicial proceeding worldwide as prima facie evidence of proprietorship and first use.
Executed in Beijing on this 20th day of November 2025.
Mr. Zhang
Legal Representative & CEO
Beijing Xiyao Technology Co., Ltd.
xtimeai@outlook.com
Corporate Seal (affixed)
Notarisation:
Beijing Haidian Notary Public Office
