Components of domain name squatting

In the modern Internet information age, people have become more and more accustomed to browsing various information online and understanding what they want to know, so many companies will also register their own Domain names on the Internet and open official websites, but some The domain names of relatively well-known companies will also have corresponding values ​​and will be registered by others. So what are the components of domain name registration? The editor of Legal Savior Network has compiled relevant content, hoping to be helpful to you.

1. Components of domain name squatting

Domain name squatting behavior The constituent elements consist of the following aspects:

(1) Subjectively: the perpetrator has malicious intent;

;">(2) Objectively: the perpetrator applies to register someone else's registered trademark as a domain name;

(3) For the perpetrator of squatting: The domain name and other characters and text combinations containing the domain name do not have trademark rights, nor do they have other rights and interests protected by law;

(4) For squatting registrations For people: they enjoy legally protected trademark rights or other legitimate rights and interests;

(5) Judging from the results of squatting registration: the registered domain name and other people's trademarks or other commercial marks that are identical or similar and cause confusion to the public.

"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names"

Article 4 When hearing a domain name dispute case, the people's court shall determine that the defendant's registration and use of the domain name constitutes infringement or unfair competition if the following conditions are met:

(1) The civil rights and interests requested by the plaintiff to be protected are legal and valid;

(2) The defendant’s domain name or its main part constitutes a copy of the plaintiff’s well-known trademark , imitate, translate or transliterate; or be identical or similar to the plaintiff’s registered trademark, domain name, etc., enough to cause misunderstanding by the relevant public;

(3) The defendant’s There is no interest in the domain name or its main part, and there is no legitimate reason to register or use the domain name.By;

(4) The defendant registered and used the domain name with malicious intent.

2. What is domain name squatting

The so-called squatting Note, simply divided, there are two senses of squatting:

1. A squatting of a domain name that has never been registered. In this case, Generally, the registrant of a domain name foresees the potential value of the domain name and registers the domain name before others think of it. This scope includes some names, intellectual property rights, etc. of well-known brands, well-known groups or individuals.

2. Preemption of a previously registered domain name. If a registered domain name is not renewed in time before the end of the validity period, it will be Deleted after some time. The act of preemptively registering the domain name within the first time after it is deleted is regarded as another form of preemptive registration.

In fact, some domain names with potential value have often been registered by others. As a domain name investor or someone who is about to choose a domain name to conduct online business, , go to great lengths to "come up with" or "create" a domain name registration query that everyone can recognize as a good one. For more domain names, you should search for domain names that have been registered by predecessors but have been deleted for various reasons, which can achieve twice the result with half the effort.

After a domain name is deleted, any individual or institution can register the domain name through a domain name registration query provider. There are no restrictions and it is completely based on first-come-first-served basis. First served basis. Because there are many websites that provide query functions for domain names that will be deleted. Therefore, some good domain names are often registered by a new registrant within one second after being deleted. In most cases, someone has already logged in before you even have time to check whether the domain name has been deleted.

Driven by interests, many registrars have also reached agreements with these domain name squatters, thus making this competition more cruel and making individuals The chances of registering these very valuable domain names have decreased a lot.

In fact, from the above analysis, we can see that the behavior of grabbing domain names in our country is illegal and criminal, and when identifying and squatting, At that time, there must be a subjective tendency to intentionally and maliciously register the domain name before it can be determined as domain name squatting. If you are not sure about the determination of domain name squatting, you can contact a lawyer. The Legal Savior Network also mentionedProvides online consultation services for lawyers. You are welcome to make legal consultations.