Domain name disputes trigger thinking about current solutions

Many Domain name brands are familiar to us. It can be said that we have grown up with many people born in the 90s and 2000s. But many brands have also caused domain name disputes. What is the solution to it? The following is the relevant legal knowledge introduced to you by the editor of Legal Savior Network about "domain name disputes trigger thinking on current solutions". Everyone is welcome to read.

Domain name disputes trigger thinking about current solutions

The World Intellectual Property Organization will study whether the disputed domain name is confusing with the trademark Similarly, whether the owner of the disputed domain name has exceeded the authority to use it, and whether the domain name is being used maliciously and damaging the reputation and interests of the complaining party. If the disputed domain name violates these regulations, it will be transferred back to the domain name.

Currently, the case is still under compliance inspection and trial by the World Intellectual Property Organization.

China's current regulations on "malicious behavior" in domain name disputes

The current "China Internet Information Center" Article 8 of the "Domain Name Dispute Resolution Measures" stipulates the necessary and sufficient conditions to support the complainant's request to transfer the disputed domain name to his name or cancel the disputed domain name: "A complaint shall be supported if the following conditions are met: (1) The person complained against The domain name is the same as the name or logo in which the complainant has civil rights, or is similar enough to cause confusion; (2) the domain name holder complained of does not have legitimate rights and interests in the domain name or its main part; (3) the domain name complained of The holder has bad faith in registering or using the domain name." In other words, the above three conditions must be met at the same time for the complaint to be established, and one of them is indispensable. In other words, domain name dispute resolution falls under the "three elements theory" of "identical or confusingly similar", "no legitimate rights and interests", and "malicious intent"; "malicious intent" has become one of the necessary elements to support a complaint request to transfer or cancel a disputed domain name .

Article 9 of my country's current domain name dispute resolution rules further clarifies the various situations in which "acts constituting bad faith" in registering or using domain names:

(1) The purpose of registering or transferring the domain name is to sell, rent or otherwise transfer the domain name to the complainant who is the owner of the civil rights or its competitors in order to obtain improper benefits. ;

(2) Repeatedly registering names or logos in which others have legitimate rights and interests as their own domain names to prevent others from using them on the Internet in the form of domain namesUse the name or logo in which the complainant has legitimate rights and interests;

(3) The domain name is registered or transferred for the purpose of damaging the complainant’s reputation and disrupting the complainant’s normal business activities. , or confuse the difference between the complainant and the complainant, misleading the public;

(4) Other malicious circumstances. In other words, any of the above situations constitutes "malicious" behavior.

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