How to determine whether a domain name registered and used by others constitutes infringement

As long as there are conditions, everyone can register a domain name and then use it. After registering a domain name, it means that it is protected by law. If you find that someone else has used your domain name or infringed upon your domain name, you can also pursue the other party's legal responsibility. How to determine whether a domain name registered and used by others constitutes infringement? The editor of Legal Savior Network has provided detailed answers on relevant knowledge.

How to determine whether a domain name registered by others constitutes infringement

The so-called domain name use should refer to the technical use of the domain name Meaningful use, that is, using the domain name as an online address. A distinctive feature of computer network domain names is that they have an identifying function similar to trademarks and trade names in the network environment to distinguish domain name users and their services. Domain name dispute cases accepted by the People's Court refer to all civil dispute cases involving the registration and use of computer network domain names.

In judicial practice, the following four conditions are met , the court will generally determine that the defendant’s registration and use of domain names constitutes infringement or unfair competition:

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

(2) The defendant's domain name or its main part constitutes a copy, imitation, translation or transliteration of the plaintiff's well-known trademark; or is identical or similar to the plaintiff's registered trademark, domain name, etc. , enough to cause misunderstanding by the relevant public; (identical or similar to the trademark)

(3) The defendant has no interest in the domain name or its main part, nor has it registered or used it Justification for the domain name; (no justification)

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

What is a domain name Infringement

The Supreme People's Court in 2001 The Interpretation on Several Issues Concerning the Applicable Law in the Trial of Civil Disputes Involving Computer Network Domain Names (hereinafter referred to as the “Interpretation”) was issued in 2016.

Article 7, paragraph 1, of the "Interpretation" It clarifies the substantive law norms on which such disputes shall be heard: "When hearing cases of domain name disputes, if the People's Court meets the provisions of Article 4 of this Interpretation and constitutes infringement in accordance with relevant legal provisions, the People's Court shall apply the corresponding legal provisions; constitute In the case of unfair competition, the provisions of Article 4 of the General Principles of the Civil Law and Article 2, Paragraph 1 of the Anti-Unfair Competition Law may apply." Accordingly, the laws applicable to infringement in domain name disputes include trademark law, copyright law, etc. The applicable laws that constitute unfair competition are Article 4 of the General Principles of the Civil Law and Article 2, Paragraph 1 of the Anti-Unfair Competition Law.

There are many lawyers who help defend rights on the Legal Savior Network If the domain name registered and used by others infringes upon your own rights, you can go to the website to find a lawyer.